Q: In California what are several factors that render contract void or impossible?
A:
There are several factors that can render a contract void or impossible to perform under California law:
1. Illegality: If the subject matter or purpose of the contract is illegal, the contract is considered void. For example, a contract to commit a crime would be void.
2. Lack of capacity: If one of the parties to the contract lacks the mental capacity to understand the terms and obligations of the contract (e.g., due to age, mental disability, or intoxication), the contract may be void.
3. Fraud or misrepresentation: If one party enters into the contract based on a material misrepresentation or fraud by the other party, the contract may be voidable by the defrauded party.
4. Duress or undue influence: If a party enters into a contract under duress (threat of harm) or undue influence (excessive pressure by someone in a position of trust), the contract may be void.
5. Mistake: If both parties enter into a contract based on a material mistake about an essential fact, the contract may be void.
6. Impossibility: If the performance of the contract becomes impossible due to unforeseen circumstances beyond the control of the parties (e.g., destruction of the subject matter, change in law), the contract may be discharged.
7. Unconscionability: If a contract is extremely one-sided or oppressive to one party, a court may find it "unconscionable" and refuse to enforce it.
8. Violation of public policy: If the contract violates public policy (e.g., a non-compete agreement that is too broad in scope or duration), it may be unenforceable.
These are some of the key factors, but the specific circumstances of each case will determine whether a contract is actually void or impossible to perform under California law.
Tim Akpinar agrees with this answer
A: Related to impossibility is the concept of frustration of purpose. The contract is not impossible to perform, but the reason why it was formed is no longer there. Good luck
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