Podcast Episode 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

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Resources:

• “Listen and Learn” series
• California Bar Examination – Essay Questions and Selected Answers, February 2018
• California Bar Examination – Essay Questions and Selected Answers, October 2020
• Bar Exam Toolbox Podcast Episode 161: Listen and Learn – Contract Formation

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