Legal Question in Business Law in Massachusetts

voidable contract

Article 2 of the UCC has no rules on duress, undue influence, and lack of capacity--things that make a contract voidable. So what happens in a contract that is covered by Article 2 but that has been induced by, say, duress (compulsion or force)?


Asked on 9/26/02, 8:06 pm

2 Answers from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: voidable contract

The answer is found in the general part of the UCC (Article 1) which applies where applicable to all of the other articles. The applicable portion of UCC �1-103 is quoted below:

"Chapter 106: Section 1-103. Supplementary General Principles of Law Applicable.

Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions."

Best wishes,

LDWG

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Answered on 9/27/02, 9:54 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: voidable contract

I am note sure why you place on reliance there; contracts are governed by a long history of case law, where impediments exist in its formation, the contract is or may be void or voidable.

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Answered on 9/26/02, 10:28 pm


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