Puffing – “Sales talk” 

Adhesion Contract – A take-it-or-leave-it contract in which one party has all of the bargaining power

Mutual Mistake – All parties are mistaken about a basic assumption

Justifiable reliance – Reliance on assertion is reasonable

Basic Assumption of Fact – An assumption essential to the value of a transaction

Fraud in the Inducement – Fraud relates to the party’s motivation in entering the contract

Fraud – False statement of material fact, made with intent to deceive, on which another reasonably relies, to his detriment

Bargaining Power – Ability to influence

Unconscionable – A contract that is so unreasonable that it is “shocking”

Criminal Plea Agreement – An agreement in which a prosecutor and a defendant arrange to settle a criminal case against the defendant.

Unilateral Mistake – Where only one party is mistaken about a basic assumption

Fiduciary Relationship – Relationship in which one person is under a duty to act for the benefit of the other on matters within the scope of the relationship

Fraud in the Execution – Fraud relates to the nature of the agreement

Undue Influence – A dominant party takes advantage of that position in entering a contract with party under domination

Commercial Impracticability – A party may be excused from contract obligations if an unforeseen circumstance makes performance impracticable

Punitive Damages – Damages unrelated to loss, intended to punish

Silence as Fraud – A party has a duty to disclose and knowingly conceals the truth

Misrepresentation – False statement made without intent to deceive, upon which a party justifiably relies to his detriment

Duress – A wrongful threat, intended to induce action by the other party