Defenses

A contract has been formed if there is offer, acceptance, and consideration. But the contract is not necessarily enforceable, for there may be a defense to its formation. These defenses may arise because of the subject matter of the contract, because of its form, or because of the behavior of a party or the status of a party. This lesson provides an overview of the subject of defenses and introduces the user to the lessons that follow: Void, Voidable, and Unenforceable Contracts; Illegal Promises; Lack of Capacity; Duress and Undue Influence; Unjust Terms (Unconscionability); Fraud and Misrepresentation; Misunderstanding and Mistake and Statute of Frauds.