Vitiating factors of a contract pdf

# Vitiating factors of a contract pdf
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Do they merely negate the conditions for finding an enforceable contract in the first place, or do they express other values that qualify, trump, or otherwise interact with the pro-enforcement values? But representations are made by one party to induce the other to enter into the contract. As a general rule where the Vitiating factors operate, the contract is not illegal per-say but simply unenforceable by Courts of Law What is the nature of these vitiating factors and how do they relate to the arguments in favor of enforcing contracts? The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair Aside from illegal and immoral contracts, which are accepted as policy motivated, the vitiating factors are generally explained in terms of some defect in the essential Vitiating factors Cripple the wholesomeness of the contract Inherent problem with the way the contract came about or destroys the basis of the agreement Vitiating view of the increasing importance of vitiating factors generally during economically turbulent times when parties who find themselves on the wrong side of bargains are not 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 IntroductionKey points and structureThe general vitiating factors and the importance of understanding. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair conduct, ending contracts, and remedies and restitution the rationale of vitiationThe importance of comparative analysisWhy analyse the PICC, PECL, DCFR and US Restatement (Second) of Contracts?Voluntariness and the desire to protect the integrity of contractual Terms form part of the contract, representations do not. A line must be drawn between what have been called 'mere puffs'the sort of thing advertisers tell us in order to persuade us to buy their products, and which have Vitiating factors are factors that operate to invalidate a contract that was otherwise formed validly.