Defenses To Formation
Mistake
Mutual
Basic Assumption
Material Adverse Effect
No Assumption of Risk
Unilateral
Generally NOT a Valid Defense
Transmission/Scribner/Delivery
Operative UNLESS other party should have been aware of the mistake
Lack of Consideration
Illegality
Lack of Capacity
< 18 years of age
Insane
Intoxicated
Duress/Coercion
SOF
MYLEGS
Unconscionability
At the time of formation
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