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Civil Code - CIV - CIV § 1565

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1565

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

Civil Code - CIV - CIV § 1566

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1566

A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by the Chapter on Rescission.

Civil Code - CIV - CIV § 1567

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1567

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

Civil Code - CIV - CIV § 1568

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1568

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.

Civil Code - CIV - CIV § 1568.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1568.5

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.

Civil Code - CIV - CIV § 1569

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1569

Duress consists in any of the following: (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) Unlawful detention of the property of any such person. (c) Confinement of suc

Civil Code - CIV - CIV § 1570

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1570

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.

Civil Code - CIV - CIV § 1571

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1571

Fraud is either actual or constructive.

Civil Code - CIV - CIV § 1572

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1572

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

Civil Code - CIV - CIV § 1573

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1573

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 s

Civil Code - CIV - CIV § 1574

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1574

Actual fraud is always a question of fact.

Civil Code - CIV - CIV § 1575

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1575

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

Civil Code - CIV - CIV § 1576

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1576

Mistake may be either of fact or law.

Civil Code - CIV - CIV § 1577

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1577

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 t

Civil Code - CIV - CIV § 1578

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1578

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 misapprehensio

Civil Code - CIV - CIV § 1579

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1579

Mistake of foreign laws is a mistake of fact.

Civil Code - CIV - CIV § 1580

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1580

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.

Civil Code - CIV - CIV § 1581

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1581

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.

Civil Code - CIV - CIV § 1582

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1582

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.

Civil Code - CIV - CIV § 1583

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1583

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.

Civil Code - CIV - CIV § 1584

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1584

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

Civil Code - CIV - CIV § 1584.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1584.5

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, merc

Civil Code - CIV - CIV § 1584.6

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1584.6

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 merchandis

Civil Code - CIV - CIV § 1585

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1585

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.

Civil Code - CIV - CIV § 1586

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1586

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