An authentic desire
to follow through on an agreement. An
essential element in a contract is the
mutual consent or meeting of the minds of
the parties.
Instances may arise
where all other elements of a valid contract
are in place, but the promise of one or both
of the parties has given based on, or
affected by some misunderstanding, false
inducement, force or the like so that the
offended party may avoid the contract and
even have the right to redress. In other
words, a valid intent was not present given
no meeting of the minds. Generally, such
actions fall into one of the following
categories: Duress, undue influence, mistake
or misrepresentation (innocent, fraudulent
or negligent).
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