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.
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