Vitiating factors

The following topics form part of the Law of Contract Unit at A2.

General invalidating effect on an otherwise well-formed contract.

Misrepresentation

Pre-contractual statements; types of misrepresentation; inducement. Remedies: Misrepresentation Act 1967; rescission and bars.

Mistake

Different types of mistake: common; mutual (cross-purpose); unilateral; identity. Rectification; non est factum.

Economic duress

Economic duress.

Undue influence

Equitable nature of undue influence, actual and presumed.

Restraint of trade

Basic illegality; tests for establishing legality of such clauses.

 

 

© OCR 2013

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