lesion
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lesion
injury or loss. In the civil law jurisdictions the word is often used in the context of an ‘unfair’ loss, as where an adult takes advantage of a minor or someone purchases something for much less than it's worth.LESION, contracts. In the civil law this term is used to signify the injury
suffered, in consequence of inequality of situation, by one who does not
receive a full equivalent for what he gives in a commutative contract.
2. The remedy given for this injury, is founded on its being the effect
of implied error or imposition; for in every commutative contract,
equivalents are supposed to be given and received. Louis. Code, 1854.
Persons of full age, however, are not allowed in point of law to object to
their agreements as being injurious, unless the injury be excessive. Poth.
Oblig. P. 1, c. 1, s. 1, art. 3, Sec. 4. But minors are admitted to
restitution, not only against any excessive inequality, but against any
inequality whatever. Poth. Oblig. P. 1, c. 1, s. 1, art. 3, Sec. 5; Louis.
Code, art. 1858.
3. Courts of chancery relieve upon terms of redemption and set aside
contracts entered into by expectant heirs dealing for their expectancies, on
the ground of mere inadequacy of price. 1 Vern. 167; 2 Cox, 80; 2 Cas. in
Ch. 136; 1 Vern. 141; 2 Vern. 121; 2 Freem. 111; 2 Vent. 359; 2 Vern. 14; 2
Rep. in Ch. 396; 1 P. W. 312; 1 Bro. C. C. 7; 3 P. Wms. 393, n.; 2 Atk. 133;
2 Ves. 125; 1 Atk. 301; 1 Wils. 286; 1 Wils. 320; 1 Bro. P. 6. ed. Toml.
198; 1 Bro. C. C. 1; 16 Ves. 512; Sugd. on Vend. 231, n. k.; 1 Ball & B.
330; Wightw. 25; 3 Ves. & Bea. 117; 2 Swanst. R. 147, n.; Fonb. notes to the
Treatise of Equity, B, 1, c. 2, s. 9. A contract cannot stand where the
party has availed himself of a confidential situation, in order to obtain
some selfish advantage. Note to Crowe v. Ballard. 1 Ves. jun. 125; 1 Hov.
Supp. 66, 7. Note to Wharton v. May. 5 Ves. 27; 1 Hov. Supp. 378. See
Catching bargain; Fraud; Sale.