fasressayz.com Voidable contract

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Voidable contract

 The voidable contracts are considered to be the agreement that is not enforceable to the parties thereto, but are at the option of others in the voidable contracts.  Coercion is considered to be an element of duress. The defence is asserted in the criminal prosecution for the committing of the crime placed on the freewill of the individual compelled by the application of physical forces or threats. The proceeds will be required to allow the admittance of the decedent for the distributed pursuant nature of the laws of distribution and descent. The editorial will help in the evaluation of the issues placing a certain contract to be seen as illegal and not enforceable.

 The case assessment is the following. The potentially illegal practices are on the placement of coercion to purchase an item. A father wanted to sell his car to the son. The agreement of the terms was done while the son was below the legal age of becoming a citizen.  The father expressed his wishes for the son to buy the car while the son refused to purchase the vehicle since he did not realize the mechanical problems of the car. The other problem was the high price offered by the father on the model of car. The father presented the son to court for the dishonouring their agreement.  The father presented the son to court accusing him of not honouring a contract.

 The court will be required to offer the ruling of voidable contract.  The private law will be enforced in the assessment of the approaches.  The formalities will require the assessment of the requirements for the binding agreements. A contract is considered to be the promise that can be enforced by the law. The law offers remedies for the promise of controlling the breached or recognized state of performance for the promise of the duty.  The father will be required to express the state where the son was in the entering of the contract. The physical, social or economic duress will make the agreement or contract to be voidable.  The unfair persuasion will focus on the assessment of the subjects and objectives of the assessment of the contract. The ability of the father having the control on the economic and social state of the son will make the court view the contract as voidable. The second issue will be reduced objectivity and subjectivity for the decision of the son. The control of the ways of assessing activities will help in the determination of the relationship of the court.

The son will claim the issues of coercion. The presence of living under the support of the father made the son is coerced to accepting the terms placed by the father. The coercion focused on intimidating the victim to compel the individual to perform the obligation of the act against his or her will.  The coercion will offer the son the ability of seeking the cancellation of the contract he placed with the father.  The son will use coercion claim for the defence from the prosecution of the contract avoidance.

In conclusion, the father and son contract is a void.  The contract law requires conditions for making the promise of a contract to be legally binding. The placement of a sense of coercion will make the contract to be void. The contract should be offering the fair inducement for the promise.  

Reference

Emerson, R. W. (2013). Franchising and the Parole Evidence Rule: The University of Columbia: Journal on American Business Law, 50, 3, 659-728.

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