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Chapter

Cover Introduction to Business Law

7. Vitiating Factors  

A contract may meet the necessary formation requirements of offer and acceptance, consideration, and intention to create legal relations, but still not be binding because it lacks other necessary factors. These invalidating factors are sometimes referred to as ‘vitiating factors’. This chapter discusses statements that constitute actionable misrepresentations; the difference between fraudulent, negligent, and innocent misrepresentation; the remedies available for each type of misrepresentation; and the effect a misrepresentation will have on the validity of a contract. The chapter considers types of mistake and when a court will regard a mistake as an operative mistake rendering the contract void. It also considers how duress and undue influence may arise, the presumptions relating to undue influence, and whether the presence of duress and undue influence will make a contract voidable. Finally, the chapter considers types of contract that are illegal under statute and under common law.

Chapter

Cover Business Law Concentrate

3. Contract II: mistake, misrepresentation, duress, and undue influence  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter considers contract law and the factors that may affect the contract or its validity: mistake, misrepresentation, duress, and undue influence. A contract may be held void due to a fundamental mistake, as the parties did not have a true agreement. An action under misrepresentation is available if an untrue representation is considered ‘actionable’. If a contract is established on the basis of violence (or a threat), or unlawful economic pressure, this may be considered to be a case of duress. Where undue influence has been used to form the contract, it will be voidable.

Chapter

Cover Card & James' Business Law

10. Vitiating factors  

This chapter focuses on the vitiating factors in a contract, namely those that can render a contract void ab initio or voidable (the distinction between void and voidable contracts is discussed). These include misrepresentation, mistake, duress, undue influence, unconscionable bargains, and illegality and public policy. Certain vitiating factors like mistake will render a contract void ab initio whilst others such as misrepresentation will render the contract merely voidable. It also shows that contracts are not beyond challenge once formed and describes several cases where the courts have held that a contract should not be enforceable despite the validity of the contract’s formation.

Book

Cover Business Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Business Law Concentrate considers all the essential issues relating to business law in the English legal system, including EU law and the potential implications of Brexit. The first half of the book looks at contracts in terms of mistake, misrepresentation, duress, undue influence, contractual terms, consumer protection, and remedies for breach. The next few chapters examine employment and focus on issues including wrongful dismissal, unfair dismissal, redundancy, equal pay claims, and anti-discrimination. The last part considers company law, intellectual property law, and changes to data protection. This updated edition includes important cases in contract law and torts law, employment law, and intellectual property law, including cases from the Supreme Court, The Court of Justice of the European Union, and the Employment Appeal Tribunal. Recent legislation and its effects in these jurisdictions of law are also covered in detail.