Hypotheticals posting to discussion board
A hypo is an example that makes a legal concept easier to understand. Do not use lengthy cases to
illustrate these principles but short examples that put the point across in a way that makes it easier to
learn or understand. Some textbooks do this, do not use any examples from OUR book, but other books
and sources (internet, library, etc) may be used. Indicate the source of the example.
Remember unenforceable means there is no remedy (either compensatory or specific performance) if a
breach of contract occurs. The existence of an agreement with appropriate consideration does not
guarantee enforceability. Four different types of defects can cause the contract or promise to be
unenforceable. The four general categories follow:
Lack of contractual capacity of one or both parties
Lack of genuine assent to the bargain due to factors such as fraud, misrepresentation, mistake, duress or undue influence.
A contractual purpose that is illegal or against public policy
Lack of proper formalities when required.
Find examples for each one of these 4 defects. If you find them online or elsewhere, cite the