341: Listen and Learn -- Contract Defenses

Welcome back to the Law School Toolbox podcast! In today's episode, we're talking about contract defenses, including mistake, fraudulent misrepresentation, and non-disclosure. For a refresher on the concepts involved in contract formation, take a look at episode 161 of the Bar Exam Toolbox podcast.

In this episode we discuss:

• Determining the governing law of a contract
• Conditions for a valid contract
• Mutual mistake and unilateral mistake present at contract formation
• Fraudulent misrepresentation related to contract formation
• The contract defense of non-disclosure
• Analyzing two hypos from previous California bar exams

Resources:

• “Listen and Learn” series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)
• California Bar Examination – Essay Questions and Selected Answers, February 2018 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/Feb2018_CBXSelectedAnswers_EssayQuestions.pdf)
• California Bar Examination – Essay Questions and Selected Answers, October 2020 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/October-2020-Essay-Selected-Answers.pdf)
• Bar Exam Toolbox Podcast Episode 161: Listen and Learn – Contract Formation (https://barexamtoolbox.com/podcast-episode-161-listen-and-learn-contract-formation/)

Download the Transcript  (https://lawschooltoolbox.com/episode-341-listen-and-learn-contract-defenses/)

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Thanks for listening!

Alison & Lee