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A contractual duty can be discharged if the obligor can avoid the contract. As discussed in Real Assent , a contract is either void or can be avoided if one of the parties lacked capacity (infancy, insanity); if there has been duress, undue influence, misrepresentation, or mistake; or the contract is determined to be unconscionable. Where a party has a power of avoidance and exercises it, that party is discharged from further obligation.
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