nullity of contracts / avoidance on the ground of mistakes

Question 1

null and void

Answer 1

contract never comes into existence at all, if its content violates the law, is contrary to public policy or is immoral
or aims to circumvent the law or when society as a whole is injured

Question 2

fraud

Answer 2

if one party intentionally deceives the other party, it then has the right for the contract to be voided
if the deceived party, knowing the real facts, would not have concluded the contract

Question 3

the right to cancel the contract because of fraud expires

Answer 3

30 years after conclusion of the contract

Question 4

duress

Answer 4

if one party if threatened, law sees the contract as null and void
the contract is not voidable if the duress was justifiable

Question 5

usury

Answer 5

striking strong imbalance between performance and consideration
exploitation of a bad predicament, exploitation of the other party not understanding the situation
if the business threatens the public interest, anyone can challenge the deal
if only the fights of contracts partner have been violated, than only injured party can bring a claim

Question 6

mistake as to motive

Answer 6

id someone makes a mistake when signing a contract about intense that are outside the business context
mistake as motive are generally irrelevant and cannot be claimed

Question 7

mistake as to business purpose

Answer 7

if the mistake was made with respect to

• the nature of the business
• the substance of the business
• the characteristics of the business partner

Question 8

laesio enormis

Answer 8

gives a contracting party the ability to rescind an agreement if the price of exchange is less than the sum

Question 9

both parties mistake

Answer 9

contract can be avoided if mistake is material
if both parties would have not concluded if they had known the circumstances in real time
but parties can bring a claim to modify the contract

Question 10

impossibility

Answer 10

a contract is void if, at the time of concluding the contract, performance is impossible
involves promises which are absurd and unlawful

Question 11

if only one part of the contract is impossible,

Answer 11

only that part is null and void, the rest remains in effect

Question 12

if it becomes impossible to fulfill the terms after the conclusion of the contract, this does not impact the validity of the contract

Answer 12

this does not impact the validity of the contract

dealt with through damages