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Business Law

Business Law (6th edn)

James Marson and Katy Ferris
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date: 25 April 2024

p. 1457. Factors Affecting The Validity of a Contractlocked

p. 1457. Factors Affecting The Validity of a Contractlocked

  • James MarsonJames MarsonReader in Law and Head of Research for Law, Sheffield Hallam University
  •  and Katy FerrisKaty FerrisAssociate Professor in Business Law, Nottingham University
  • Published in print: 07 May 2020
  • Published online: September 2020


This chapter discusses how the manner in which a contract is concluded can potentially affect its validity. Before discussing the terms and details of a contract, it is important to note that a contract may fail due to one or both parties not possessing the capacity to establish a contract. Some of the common reasons includes a mistake by one or both parties, a provision that has been misrepresented in the negotiations, or the use of undue influence or placing the other party under duress in the process of concluding the contract. Some of the reasons listed in this chapter may be common, but the emphasis here is to identify where problems may occur that could prevent the successful operation of the contract despite fulfilling the essential features discussed in the previous chapters.

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