Contract Restatements

Restatement (Second) of Contracts 161 (a)

A person's non-disclosure of a fact known to him is equivalent to an assertion that the fact does not exist in the following cases: (a) where he knows that disclosure of the fact is necessary to prevent some previous assertion from being a misrepresentation or from being fraudulent

Restatement (Second) of Contracts 161 (b)

Where, he knows that disclosure of the fact would correct a mistake of the other party as to a basic assumption on which that party is making the contract and if non-disclosure of the fact amounts to a failure to act in good faith and in accordance with reasonable standards of fair dealing

Restatement (Second) of Contracts 161 ( C)

Where he knows that disclosure of the fact would correct a mistake of the other party as to the contents or effect of a writing, evidencing or embodying on agreement in whole or in part

(d) Where the other person is entitled to know the fact because of a relation of trust and confidence between them

Restatement (Second) of Contracts 160- Concealment

Action intended or known to be likely to prevent another from learning a fact is equivalent to an assertion that the fact does not exist.

Restatement (Second) of contracts 164

(1) if a party’s manifestation of assent is induced by either a fraudulent or a material misrepresentation by the other party upon which the recipient is justified in relying, the contact is voidable by the recipient

(2) if a party’s manifestation of assent is induced by either a fraudulent or a material misrepresentation by one who is not a party to the transaction upon which the recipient

Restatement (Second) of Contracts section 175 Duress

(1) if a party’s manifestation of assent is induced by an improper threat by the other party that leaves the victim no reasonable alternative, the contract is voidable by the victim

Restatment (Second) of Contracts section 176

(1) A threat is improper if the threat is a breach of the duty of good faith and fair dealing under a contract with the recipient

(2) A threat is improper if the resulting exchange is not on fair terms, and the threatened act would harm the recipient and would not significantly benefit the party making the threat.

Restatement (Second) of Contracts 177

(1) undue influence is unfair persuasion of a party who is under the domination of the person exercising the persuasion or who by virtue of the relation between then is justified in assuming that that person will not act in a manner inconsistent with his welfare

(2) if a party’s manifestation of assent is induced by undue influence by the other party, the contact is voidable by the victim

Restatement (Second) of contracts 178

A promise or other term of an agreement is unenforceable on grounds of public policy if legislation provides that is unenforceable or the interest in its enforcement is clearly outweighed in the circumstances by a public policy against the enforcement of such terms

Restatement of (Second) of Contracts 181

if a party is prohibited from doing an act because of his failure to comply with a licensing, registration or similar requirement, a promise in consideration of his doing that act or of his promise to do it is unenforceable on grounds of public policy if (a) the requirement has a regulatory purpose, and (b) the interest in the enforcement of the promise is clearly outweighed by the public policy behind the requirement

Restatement (Second) of contracts 476

Where a party is induced to enter into a transaction with another party that he was under no duty to enter into a bargain by means of the latter’s fraud or material misrepresentation, the transaction is voidable as against the latter