Does the existence of a contract prohibit a party from rescinding the consent of their adopted daughter from signing the contract?

California, United States of America


The following excerpt is from Adoption of Matthew B., 232 Cal.App.3d 1239, 284 Cal.Rptr. 18 (Cal. App. 1991):

7 The mere existence of the contract does not establish that Nancy did not freely give her consent. As a matter of general contract law, parties cannot rescind a contract " '... when it appears that consent would have been given ... notwithstanding the duress, menace, fraud, undue influence, or mistake relied upon.' ..." (Greenawalt v. Rogers (1907) 151 Cal. 630, 635, 91 P. 526.) Thus, rescission is appropriate only where the outside influences are " ' ... of such nature, weight, and force that the court can say "without it the contract would not have been made." ' [Citations.]" (Id., at pp. 635-636, 91 P. 526.) As will be shown, there is ample evidence that Nancy freely signed the consent, the contract notwithstanding. Her conduct from the outset was that of someone with every intention of signing the consent and completing the stepparent adoption.

Other Questions


Can a party rescind a contract where the contract was signed without the consent of the other party? (California, United States of America)
What is the test for rescinding a contract where the contract was signed in error? (California, United States of America)
Can a beneficiary of a third party creditor beneficiary contract rescind the contract before the commencement of an action against the beneficiary? (California, United States of America)
Can a party that has been defrauded of a portion of a contract rescind only that portion of the contract? (California, United States of America)
What is the test for enforcement of a contract where the contract was signed expressly for the benefit of a third party? (California, United States of America)
What is the burden of obtaining consent from a third party who has common authority to consent to a search? (California, United States of America)
What is the test for determining whether a contract is valid or enforceable when the contract is signed unilaterally? (California, United States of America)
When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
What is the test for enforceability of a contract where the contract does not meet the reasonable expectations of the opposing party? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.