Section § 1565

Explanation

When entering a contract, both parties must agree willingly, they must both agree on the terms, and they must clearly tell each other their agreement.

The consent of the parties to a contract must be:
1. Free;
2. Mutual; and,
3. Communicated by each to the other.

Section § 1566

Explanation

If someone agrees to something but their consent wasn't freely given, it doesn't make the agreement automatically invalid. However, the parties involved can choose to cancel or undo the agreement by following specific rules for rescinding the agreement.

A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by the Chapter on Rescission.

Section § 1567

Explanation

This section says that if someone appears to agree to something under pressure or manipulation, their consent is not genuine or voluntary. Consent isn't real if it's obtained through threats, deception, excessive influence, intimidation, or misunderstandings.

An apparent consent is not real or free when obtained through:
1. Duress;
2. Menace;
3. Fraud;
4. Undue influence; or,
5. Mistake.

Section § 1568

Explanation

This law states that if someone gives consent because of a specific reason mentioned in the previous section, it's only considered valid if that reason actually influenced their decision to give consent. If that reason didn't exist, they wouldn't have consented.

Consent is deemed to have been obtained through one of the causes mentioned in the last section only when it would not have been given had such cause not existed.

Section § 1568.5

Explanation

In this section, if a minor says their parent or legal guardian has agreed to something, that statement doesn't count as actual consent.

A representation by a minor that the minor’s parent or legal guardian has consented shall not be considered to be consent for purposes of this chapter.

Section § 1569

Explanation

This law defines situations that count as duress. It includes illegally holding someone or their family members against their will, unlawfully keeping someone's property, or using deception to justify holding someone in a way that becomes unfair or oppressive.

Duress consists in any of the following:
(a)CA Civil Law Code § 1569(a) Unlawful confinement of the person of the party, or of the spouse of such party, or of an ancestor, descendant, or adopted child of such party or spouse.
(b)CA Civil Law Code § 1569(b) Unlawful detention of the property of any such person.
(c)CA Civil Law Code § 1569(c) Confinement of such person, lawful in form, but fraudulently obtained, or fraudulently made unjustly harassing or oppressive.

Section § 1570

Explanation

This law explains what counts as 'menace,' which means a threat. It includes threats that involve serious pressure on someone as described in a related law, threats of illegal and violent harm to a person or their property, or threats that can damage someone's reputation.

Menace consists in a threat:
1. Of such duress as is specified in Subdivisions 1 and 3 of the last section;
2. Of unlawful and violent injury to the person or property of any such person as is specified in the last section; or,
3. Of injury to the character of any such person.

Section § 1571

Explanation

This section says that fraud can be either actual, which is intentional deception, or constructive, which doesn't require an intent to deceive but involves unfair conduct.

Fraud is either actual or constructive.

Section § 1572

Explanation

This law defines what "actual fraud" is in the context of contracts. It includes lying or misleading about facts, even if you're not sure they're false, or hiding the truth when you know it. It also covers making promises with no intention to follow through, or doing anything else intended to trick someone into agreeing to the contract.

Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
3. The suppression of that which is true, by one having knowledge or belief of the fact;
4. A promise made without any intention of performing it; or,
5. Any other act fitted to deceive.

Section § 1573

Explanation

This section explains that constructive fraud happens when someone breaches a duty and gains an unfair advantage, even if they didn't mean to deceive anyone. It can also occur when an action or failure to act is considered fraudulent by law, regardless of actual intent to commit fraud.

Constructive fraud consists:
1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or,
2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.

Section § 1574

Explanation

Whether actual fraud has occurred is something that has to be determined based on the specific facts and evidence of each case.

Actual fraud is always a question of fact.

Section § 1575

Explanation

This law explains that undue influence happens when someone uses their power or trust to unfairly benefit themselves at another's expense. It can occur when a person takes advantage of someone who trusts them, of another's mental weakness, or of someone's urgent needs or distress.

Undue influence consists:
1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him;
2. In taking an unfair advantage of another’s weakness of mind; or,
3. In taking a grossly oppressive and unfair advantage of another’s necessities or distress.

Section § 1576

Explanation

This law says that a mistake can be about the facts of a case or about the law itself.

Mistake may be either of fact or law.

Section § 1577

Explanation

This law explains what a 'mistake of fact' is in the context of contracts. It means someone made a mistake not because they ignored a legal duty, but because they either didn't know or forgot something important about the contract. This mistake could also be believing something is true when it actually isn't, either now or in the past.

Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in:
1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or,
2. Belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.

Section § 1578

Explanation

This law explains what counts as a 'mistake of law' when dealing with contracts. It says a legal mistake happens if either: all parties misunderstand the law but think they understand it correctly, or one party misunderstands the law and the others know about it but don't correct it during the contract agreement.

Mistake of law constitutes a mistake, within the meaning of this Article, only when it arises from:
1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law; or,
2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify.

Section § 1579

Explanation

If someone misunderstands or makes an error about the laws of another country, it's considered a factual mistake.

Mistake of foreign laws is a mistake of fact.

Section § 1580

Explanation

This law states that for two or more parties to have mutual consent, they must all agree on the same idea in the same way. However, there are specific situations outlined elsewhere where the law assumes they agree, even if it doesn't seem so at first glance.

Consent is not mutual, unless the parties all agree upon the same thing in the same sense. But in certain cases defined by the Chapter on Interpretation, they are to be deemed so to agree without regard to the fact.

Section § 1581

Explanation

This law explains that for consent to be valid in a contract, it must be shown through a deliberate action or lack of action by the person agreeing. This act must be intended to show consent or naturally lead others to understand that consent is given.

Consent can be communicated with effect, only by some act or omission of the party contracting, by which he intends to communicate it, or which necessarily tends to such communication.

Section § 1582

Explanation

If someone makes an offer with specific instructions on how to accept it, you must follow those instructions exactly. Otherwise, any reasonable and typical way to accept the offer is fine.

If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless they are conformed to; but in other cases any reasonable and usual mode may be adopted.

Section § 1583

Explanation

This law says that once someone agrees to a proposal and sends their acceptance back to the person who made the proposal, that acceptance is considered effective. This means the agreement is made at the moment the acceptance is sent, not when it is received by the proposer.

Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course of transmission to the proposer, in conformity to the last section.

Section § 1584

Explanation

This law states that if you do what is asked in an offer, or if you accept what's being offered in that offer, you are agreeing to the offer.

Performance of the conditions of a proposal, or the acceptance of the consideration offered with a proposal, is an acceptance of the proposal.

Section § 1584.5

Explanation

This law says that if you receive goods or services in the mail that you didn’t ask for or order, those items are considered a free gift. You are free to keep, use, or throw them away without paying for them. If the sender then tries to bill you, you can take legal action to stop them, possibly recovering attorney fees and costs. The section also outlines rules for sellers who send items periodically, requiring them to get your clear agreement before sending anything. There are exceptions for certain subscription or membership plans, provided they give you clear instructions and options to opt-out or cancel.

No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares, merchandise, or services, where the offer includes the voluntary and unsolicited sending or providing of goods, wares, merchandise, or services not actually ordered or requested by the recipient, either orally or in writing. The receipt of any goods, wares, merchandise, or services shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the goods, wares, merchandise, or services in any manner he or she sees fit without any obligation on his or her part to the sender or provider.
If, after any receipt deemed to be an unconditional gift under this section, the sender or provider continues to send bill statements or requests for payment with respect to the gift, an action may be brought by the recipient to enjoin the conduct, in which action there may also be awarded reasonable attorney’s fees and costs to the prevailing party.
For the purposes of this section and limited to merchandise or services offered for sale through the mails, the “voluntary and unsolicited sending or providing of goods, wares, merchandise, or services not actually ordered or requested by the recipient, either orally or in writing,” includes any merchandise or services selected by the company and offered to the consumer which will be mailed to him or her for sale or on approval or provided to him or her unless he or she exercises an option to reject the offer of sale or receipt on approval. Merchandise or services selected by the seller and offered for sale on a periodic basis must be affirmatively ordered by a statement or card signed by the consumer as to each periodic offer of merchandise or services. This paragraph shall not apply to any of the following:
(a)CA Civil Law Code § 1584.5(a) Contractual plans or arrangements complying with this subdivision under which the seller periodically provides the consumer with a form or announcement card which the consumer may use to instruct the seller not to ship the offered merchandise. Any instructions not to ship merchandise included on the form or card shall be printed in type as large as all other instructions and terms stated on the form or card. The form or card shall specify a date by which it shall be mailed by the consumer (the “mailing date”) or received by the seller (the “return date”) to prevent shipment of the offered merchandise. The seller shall mail the form or card either at least 25 days prior to the return date or at least 20 days prior to the mailing date, or provide a mailing date of at least 10 days after receipt by the consumer, except that whichever system the seller chooses for mailing the form or card, the system must be calculated to afford the consumer at least 10 days in which to mail his or her form or card. The form or card shall be preaddressed to the seller so that it may serve as a postal reply card or, alternatively, the form or card shall be accompanied by a return envelope addressed to seller. Upon the membership contract or application form or on the same page and immediately adjacent to the contract or form, and in clear and conspicuous language, there shall be disclosed the material terms of the plan or arrangement including all of the following:
(1)CA Civil Law Code § 1584.5(a)(1) That aspect of the plan under which the subscriber must notify the seller, in the manner provided for by the seller, if he or she does not wish to purchase or receive the selection.
(2)CA Civil Law Code § 1584.5(a)(2) Any obligation assumed by the subscriber to purchase a minimum quantity of merchandise.
(3)CA Civil Law Code § 1584.5(a)(3) The right of a contract-complete subscriber to cancel his or her membership at any time.
(4)CA Civil Law Code § 1584.5(a)(4) Whether billing charges will include an amount for postage and handling.
(b)CA Civil Law Code § 1584.5(b) Other contractual plans or arrangements not covered under subdivision (a), such as continuity plans, subscription arrangements, standing order arrangements, supplements and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis.

Section § 1584.6

Explanation

This law says that if you leave a club or organization that sells products to its members, you can send them a certified letter to let them know you're quitting. If they still send you stuff you didn't order more than 30 days after they get your letter, you can keep it as a gift. You don't have to pay for it or send it back. If your leaving breaks a contract with the club, you might owe them money for that, but not for the freebies. If they keep pestering you for payments after that, you can sue them to make them stop and even get your legal fees paid if you win.

If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members, and the person notifies the organization of his termination of membership by certified mail, return receipt requested, any unordered goods, wares, or merchandise which are sent to the person after 30 days following execution of the return receipt for the certified letter by the organization, shall for all purposes be deemed unconditional gifts to the person, who may use or dispose of the goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the organization.
If the termination of a person’s membership in such organization breaches any agreement with the organization, nothing in this section shall relieve the person from liability for damages to which he might be otherwise subjected to pursuant to law, but he shall not be subject to any damages with respect to any goods, wares, or merchandise which are deemed unconditional gifts to him under this section.
If after any receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys’ fees and costs to the prevailing party.

Section § 1585

Explanation
When someone accepts an offer, their acceptance needs to be clear and without any conditions. If they change any terms of the offer, it's considered a new proposal instead of an acceptance.
An acceptance must be absolute and unqualified, or must include in itself an acceptance of that character which the proposer can separate from the rest, and which will conclude the person accepting. A qualified acceptance is a new proposal.

Section § 1586

Explanation

You can take back an offer as long as the person hasn't told you they accept it, but once they do, it's too late to revoke.

A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards.

Section § 1587

Explanation

This law explains that an offer can be canceled in several ways. One, if the person who made the offer (the proposer) tells the other person it's revoked before they've accepted it. Two, if the offer has a time limit and that time runs out without an acceptance, or if it's not accepted in a reasonable time if no time limit is set. Three, if the person who might accept the offer fails to meet certain conditions required before accepting. Lastly, the offer is also canceled if the person who made it dies or becomes legally unable to make decisions.

A proposal is revoked by any of the following:
(a)CA Civil Law Code § 1587(a) By the communication of notice of revocation by the proposer to the other party, in the manner prescribed by Sections 1581 and 1583, before his or her acceptance has been communicated to the former.
(b)CA Civil Law Code § 1587(b) By the lapse of the time prescribed in the proposal for its acceptance or, if no time is prescribed, the lapse of a reasonable time without communication of the acceptance.
(c)CA Civil Law Code § 1587(c) By the failure of the acceptor to fulfill a condition precedent to acceptance.
(d)CA Civil Law Code § 1587(d) By the death or legal incapacity to make decisions of the proposer.

Section § 1588

Explanation

If a contract isn't fully valid because someone didn't agree properly at first, it can become valid if that person later gives their full consent. This means the contract can be fixed by agreeing to it completely afterward.

A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent.

Section § 1589

Explanation

If you choose to accept a benefit from a deal or transaction, it's like you're agreeing to all the responsibilities that come with it, as long as you know, or should know, the relevant facts.

A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.

Section § 1590

Explanation

If someone gives a gift of money or property to their partner because they plan to get married, they can get it back if the marriage doesn’t happen. This could be because the person who got the gift changes their mind, or if both decide not to marry. A court will decide how much should be returned based on what’s fair in the situation.

Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just.