Sections
29 entriesSection 1565Requires contractual consent to be free, mutual, and communicated by each contracting party to the other. All three characteristics are required for…Section 1566Allows rescission of consent that was not freely given rather than treating that consent as automatically void. The affected parties may rescind…Section 1567Defines apparent consent as neither real nor free when it is obtained through duress, menace, fraud, undue influence, or mistake. Any of…Section 1568Limits when consent is treated as having been obtained through duress, menace, fraud, undue influence, or mistake to situations in which the…Section 1568.5Establishes that a minor’s representation that the minor’s parent or legal guardian has consented is not treated as consent for purposes of…Section 1569Defines duress as unlawful confinement of a contracting party or specified family members, unlawful detention of their property, or confinement that is…Section 1570Defines menace as a threat of specified duress, unlawful and violent injury to the person or property of the persons covered by…Section 1571Defines fraud as falling into either of two categories: actual fraud or constructive fraud. The provision establishes the basic statutory classification, while…Section 1572Defines actual fraud as specified deceptive conduct by a contracting party, or with that party’s connivance, intended to deceive another party or…Section 1573Defines constructive fraud as a breach of duty that, without actual fraudulent intent, gains an advantage for the person at fault or…Section 1574Establishes that whether actual fraud occurred is always a question of fact. Determining actual fraud therefore depends on factual findings rather than…Section 1575Defines undue influence as using a position of confidence or real or apparent authority to obtain an unfair advantage, taking unfair advantage…Section 1576Defines mistake as either a mistake of fact or a mistake of law. The provision creates the two statutory categories of mistake,…Section 1577Defines mistake of fact as a mistake not caused by neglect of a legal duty and involving unconscious ignorance or forgetfulness of…Section 1578Defines mistake of law for this Article as either a substantially shared legal misunderstanding by all parties who believed they understood the…Section 1579Defines a mistake concerning foreign law as a mistake of fact. The classification treats an error about the law of another jurisdiction…Section 1580Requires mutual consent to involve all parties agreeing to the same thing in the same sense. It preserves the special cases in…Section 1581Limits effective communication of consent to an act or omission by the contracting party that the party intends to communicate consent or…Section 1582Requires compliance with any conditions a proposal prescribes for communicating acceptance before the proposer is bound. If the proposal sets no such…Section 1583Establishes that consent is fully communicated when the accepting party puts the acceptance into the course of transmission to the proposer in…Section 1584Defines acceptance of a proposal to include either performing the proposal’s conditions or accepting the consideration offered with the proposal. Either form…Section 1584.5Prohibits sellers from offering goods or services through unsolicited delivery of items not ordered or requested and treats received items as unconditional…Section 1584.6Defines unordered goods sent by a retail-membership organization more than 30 days after it signs the member’s certified-mail return receipt terminating membership…Section 1585Requires an acceptance to be absolute and unqualified, or to contain an absolute and unqualified acceptance that the proposer can separate from…Section 1586Allows a proposal to be revoked at any time before acceptance is communicated to the proposer and bars revocation after that communication…Section 1587Defines when a proposal is revoked: timely communicated revocation by the proposer, expiration of the stated or a reasonable acceptance period, failure…Section 1588Allows a contract that is voidable solely because proper consent was lacking to be ratified by consent given later. Subsequent valid consent…Section 1589Establishes that voluntarily accepting the benefit of a transaction is equivalent to consenting to the obligations arising from that transaction to the…Section 1590Allows a donor who gave money or property to a contemplated spouse on the assumption that marriage would occur to recover the…