Necessity (necessary)
Promissory estoppel
Merchant rule
Pre-existing duty rule
Not in pari delicto
Specific performance
Covenants not to compete
Void
Fraud in the execution
Quasi contract
Voidable
Type of equitable remedy where a court makes the breaching party perform the exact terms of the contract. This will not be granted if it is not feasible or a remedy at law would be adequate.
When a person suffers no legal detriment from performing or promising to perform an act because they had a duty to do so already.
Restrain employees from working in a similar position for competitors after leaving the place of employment. Must be reasonable in time and geographic scope. They are void in California.
Substitute for consideration when a promisor has made a gratuitous promise to a promisee who then relies on that promise and suffers a detriment because of it.
When the parties are not equally at fault.
when a contract has no legal effect
things that directly foster a minor’s wellbeing
“contract” created by a court when a party received an unjust enrichment
Fraud in substitution of documents or when obtaining signatures, person lies about the nature of the document being signed.
A merchant who receives a record of a confirmation and does not object to the confirmation within 10 days is bound to the contract.
a contract that may be disaffirmed by a disadvantaged party
