Identify the types of duress and discuss the legal effect of each.
Identify the types of fraud and the elements that must be shown to establish the existence of each.
Discuss undue influence and identify some of the situations giving rise to a confidential relationship.
Identify and discuss the situations involving voidable mistakes.
Anita and Barry were negotiating, and Anita’s attorney prepared a long and carefully drawn contract, which was given to Barry for examination. Five days later and prior to its execution, Barry’s eyes became so infected that it was impossible for him to read. Ten days thereafter and during the continuance of the illness, Anita called upon Barry and urged him to sign the contract, telling him that time was running out. Barry signed the contract despite the fact he was unable to read it. In a subsequent action by Anita, Barry claimed that the contract was not binding upon him because it was impossible for him to read and he did not know what it contained prior to his signing it. Should Barry be held to the contract?
