Contract law vitiating factors
What are the factors that vitiate consent in a contract?
As in other legal systems certain factors can vitiate the quality of consent and thus make the agreement void or voidable.
These are – (a) mistake, (b) misrepresentation (fraudulent or non fraudulent), and (c) undue influence and coercion..
What are the vitiating factors in contract law Australia?
Vitiating factors
These include situations involving "unconscionable dealings", where one party is at a "special disadvantage", or where a party exercises "undue influence", and will commonly result in the contract being declared void or voidable by the court..
What does vitiate mean in contract law?
VITIATE Definition & Legal Meaning
To impair; to make void or voidable; to cause to fail of force or effect; to destroy or annul, either entirely or in part, the legal efficacy and binding force of an act or instrument; as when it is said that fraud vitiates a contract..
- As in other legal systems certain factors can vitiate the quality of consent and thus make the agreement void or voidable.
These are – (a) mistake, (b) misrepresentation (fraudulent or non fraudulent), and (c) undue influence and coercion.
What Are Contract Vitiating Factors?- Misrepresentation. A false statement made by one party to induce the other party to enter into the contract.
- Mistake.
- Duress.
- Undue influence.
- Unconscionability.
- Illegality.
- Capacity.
- Lapse of time.
There are five vitiating factors that undermine a contract: Misrepresentation, Mistake, Duress, Undue Influence and Illegality.
These include misrepresentation, mistake, duress, undue influence, unconscionable bargains, and illegality and public policy. Certain vitiating factors like mistake will render a contract void ab initio whilst others such as misrepresentation will render the contract merely voidable.
See also
• Good faith• US contract law• Duress in American law
Notes
1. ^ Hong Kong Fir Shipping v Kawasaki Kisen Kaisha 1961] EWCA Civ 7 2. ^ The Mihalis Angelos
How many chapters are in the contract law vitiating factors module?
The contract law vitiating factors module is split into 4 chapters: To export a reference to this article please select a referencing style below: Teacher, Law
(November 2018)
Contract Law - Vitiating Factors
What are vitiating factors in a contract?
Vitiating factors This chapter focuses on the vitiating factors in a contract, namely those that can render a contract void ab initio or voidable (the distinction between void and voidable contracts is discussed)
These include misrepresentation, mistake, duress, undue influence, unconscionable bargains, and illegality and public policy
Contract vitiating factors are elements or circumstances that can render a contract void or voidable. These factors include: A false statement made by one party to induce the other party to enter into the contract. A mistake made by one or both parties about a material aspect of the contract, which can render the contract voidable.At common law, agreements between parties that satisfy the requirements of contract formation generate contractual rights and obligations; but only presumptively so. Such rights and obligations may be defeated, wholly or partially, by recognized vitiating factors such as misrepresentation, mistake, duress, and undue influence.There are five vitiating factors, misrepresentation, mistake, duress, undue influence, and illegality.Vitiating factors are factors that operate to invalidate a contract that was otherwise formed validly. As a general rule where the Vitiating factors operate, the contract is not illegal per-say but simply unenforceable by Courts of Law.Vitiating Factors are statements that drastically destroy or reduce the effectiveness of something or an agreement or contract which causes it to become faulty or makes it invalid. Vitiating Factors Affecting a Contract are: Mistakes. Misinterpretation. Duress. Undue influence. Illegality.
