Volition in Modern Contract Law

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Evolving Concept of Unconscionability in Modern Contract Law; Marinelli, Arthur J.
http://masscases.com/cases/sjc/461/461mass322.html

THE ROLE OF FAULT IN CONTRACT LAW: UNCONSCIONABILITY, UNEXPECTED CIRCUMSTANCES, INTERPRETATION, MISTAKE, AND NONPERFORMANCE.
By: Eisenberg, Melvin Aron. Michigan Law Review. Jun2009, Vol. 107 Issue 8, p1413-1430.

http://www.shsu.edu/~klett/CONTRACTUAL%20CAPACITY%20ch%2013%20BL.htm

http://www.lexisnexis.com/lawschool/study/outlines/html/contracts/contracts11.htm

The concepts of modern contract law and volition are based on the statutes that govern contractual Capacity. This summary that is to be used as an EXAMPLE; I will outline the concept while also elucidating upon the statutes that govern volition and also provide current cases as well as precedent to highlight volition in regards to intoxication. I will also focus on other areas that can be impacted negatively by the concept of volition in contract law including duress, age, mental disability and others. The STUDENT must cite all information according to APA standards and also cite my work. The concept of volition is that in which an individual decides to commit to a contract by free will. The person engages in a decision to agree to a contract, which is their choice and is made with rational thinking. Emanant, executive, or imperative volition may apply when put forth towards any particular act of choice and a series of actions is governed by predominant volition (SHSU, 2013).

In contract law there can be impediments to volition wherein a person may not be able to consent to a contract for several reasons. This inability to consent to the contract can result in a lack of volition, which voids the contract from being enforceable. If a person is underage, suffers from temporary impairment to their mental faculties because of alcohol or drugs, or if the person has a mental disability, the contract can be voided even if the person initially consented to the terms of the contract. I will next focus on the statutes that govern the Contractual capacity for contract law and how volition or the lack thereof can be proven (SHSU, 2013).

For contractual agreements to align with modern contract law and for contracts to be enforceable, a person must meet the minimum mental capacity as required by law. Three classes of individuals are able to void contracts because of a lack of sufficient capacity to be bound to their contracts including minors, mentally disabled individuals, and those who are intoxicated if the intoxicated was to the extent that they did not understand the parameters of the contract or were coerced and taken advantage of because of their intoxication (SHSU, 2013). To better understand the conditions regarding intoxication, I will provide a brief synopsis on the topic and how it applies to volition but will go into further detail later in the paper.

The definition of intoxication entails when a person lacks the normal capacity to act or think with rational free will because of their intoxicated state of mind that is inhibited by some drug or alcohol. For intoxication to impact volition, several factors must be present in contractual law such as a person being so intoxicated that he or she lacks the ability to comprehend the legal consequences of entering the contract at the time the contract was entered. In statutes that govern volition, even if the person voluntarily became heavily intoxicated he or she may avoid the contract if they can prove that they were intoxicated during the commission of signing the contract (SHSU, 2013).

To prove this fact courts will analyze objective indications that point to inebriation that rises to the level aforementioned such as whether the intoxicated person was negotiating the terms of the contract during their alleged intoxicated state, whether the person was able to commit to the contract by writing, and various other monikers that can play a role in determining if the person had the cognitive faculties to understand that they were entering a contract although intoxicated (SHSU, 2013).

To understand the tenets of volition YOU must have a proper understanding of the history behind contractual law. In English common law, which governs contractual law in Western countries such as America and Australia, inequality of bargaining power that focuses on duress, undue influence and exploitation of weakness courts have historically found that it is unconscionable or contrary to good conscience to enforce agreements that were obtained under these circumstances. Therefore, if a contract is entered into with one party experiencing duress, undue influence, or exploitation by the other party, any transfers of goods or money may be claimed back in restitution on the basis of unjust enrichment. There are defenses that placate the ability for those who entered contracts under this condition to avoid the contract (SHSU, 2013).

One defense that is available in regards ...