Page:United States Statutes at Large Volume 76A.djvu/211

–115– -115Subchapter II—Parties § 1021. Persons capable of contracting All persons are capable of contracting, except minors and persons of unsound mind. § 1022. Capacity of minors and persons of unsound mind Minors, and persons of unsomid mind, have only such capacity as is defined by chapter 3 of this title. § 1023. Identification of parties necessary It is essential to the validity of a contract, not only that the parties should exist, but that it shoidd be possible to identify them. § 1024. Contract for benefit of third person A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it. Subchapter III—Consent § 1041. Essentials of consent The consent of the parties to a contract must be: (1) free; (2) mutual; and (3) communicated by each to the other. § 1042. Voidable consent A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by sections 1291 to 1294 of this title. § 1043. Causes defeating reality or freedom of consent An apparent consent is not real or free when obtained through: (1) duress; (2) menace; (3) fraud; (4) undue influence; or (5) mistake. § 1044. When causes exist Consent is deemed to have been obtained through one of the causes specified by section 1043 of this title only when it would not have been given had that cause not existed. § 1045. Duress Duress consists in: (1) unlawful confinement of the person of the party, or of the spouse of the party, or of an ancestor, descendant, or adopted child of the party or spouse; (2) unlawful detention of the property of such a person; or (3) confinement of such a person, lawful in form, but fraudulently obtained, or fraudulently made unjustly harassing or oppressive. § 1046. Menace Menace consists in a threat of: (1) any duress specified by paragraphs (1) and (3) of section 1046 of this title; ^2) unlawful and violent injury to the person or property of any pepon specified by section 1045 of this title; or (3) injury to the character of such a person.

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