Nature of a ContractConsent
Section § 1565
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.
Section § 1566
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.
Section § 1567
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.
Section § 1568
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.
Section § 1568.5
In this section, if a minor says their parent or legal guardian has agreed to something, that statement doesn't count as actual consent.
Section § 1569
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.
Section § 1570
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.
Section § 1571
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.
Section § 1572
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.
Section § 1573
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.
Section § 1574
Whether actual fraud has occurred is something that has to be determined based on the specific facts and evidence of each case.
Section § 1575
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.
Section § 1576
This law says that a mistake can be about the facts of a case or about the law itself.
Section § 1577
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.
Section § 1578
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.
Section § 1579
If someone misunderstands or makes an error about the laws of another country, it's considered a factual mistake.
Section § 1580
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.
Section § 1581
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.
Section § 1582
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.
Section § 1583
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.
Section § 1584
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.
Section § 1584.5
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.
Section § 1584.6
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.
Section § 1585
Section § 1586
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.
Section § 1587
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.
Section § 1588
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.
Section § 1589
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.
Section § 1590
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.