Introduction

Question 1

What are invalidating or vitiating factors?

Answer 1

They are factors which might make a contract invalid, d excite the presence of the essential elements of offer, acceptance, consideration and legal intention.

Question 2

What are the four invalidating or vitiating factors

Answer 2

1. Misrepresentation
2. Mistake
3. Duress and undue influence
4. Illegal and unenforceable contracts

Question 3

What are the effects of invalidation?

Answer 3

There are two ways in which an invalidating factor can effect contract:

1. Void - contract never existed.
   This means no rights or duties can be passed on under a void contract.
   Steps may be taken to under do contract to the beginning - not just to the point of discovery.
2. Voidable - contract will continue to exist and it is only ended if parties decide to end it.
   When a party brings the contract to an end, valet rescinded.