contract law - vitiating factors

Question 1

what does vitiating factors deal with in contract termination?

Answer 1

deals with contracts which were flawed from the start. inherent faults

Question 2

what does void mean in vitiating factors for contract termination?

Answer 2

there was never a contract

Question 3

what does voidable mean in vitiating factors for contract termination?

Answer 3

a valid contract exists up to the moment the claimant realises there is a fault & chooses to end the contract

Question 4

what are the six vitiating factors in contract termination?

Answer 4

• duress (voidable)
• undue influence (voidable)
• misrepresentation (voidable)
• mistake (void)
• illegality (void)
• restraint of trade (void)

Question 5

what is duress in vitiating factors for contract termination?

Answer 5

VOIDABLE
- threat of force to self / family
- economic duress

Question 6

what is undue influence in vitiating factors for contract termination?

Answer 6

VOIDABLE
- position of trust takes advantage (inequality of bargaining power)

Question 7

what is misrepresentation in vitiating factors for contract termination?

Answer 7

VOIDABLE
- untrue statement of fact made by one party to the other before / at the time contract was made
- intentful
- bits of truth & bits of silence