Absent and Defective Consent: Invalidity Flashcards
1
Q
what does it mean if a contract is invalid?
A
when a contract has no legal standing because either was an absence of agreement or the circumstances in which the contract was created were unfair
2
Q
what is a void contract?
A
a contract which has no legal effect
3
Q
what are voidable contracts?
A
a contract that is valid until it is set aside
4
Q
what are unenforceable contracts?
A
contracts the courts will not enforce
5
Q
what are specific grounds of invalidity?
A
- lack of capacity
- agreement improperly obtained
- illegality/ contrary to public policy
6
Q
what are the categories under ‘agreement improperly obtained’ that a contracts can become invalid?
A
- fraud, facility and circumvention
- undue influence
- force and fear (duress)
- error
- misrepresentation
