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(p. 33) 3. Contract II: mistake, misrepresentation, duress, and undue influence 

(p. 33) 3. Contract II: mistake, misrepresentation, duress, and undue influence
Chapter:
(p. 33) 3. Contract II: mistake, misrepresentation, duress, and undue influence
Author(s):

James Marson

and Katy Ferris

DOI:
10.1093/he/9780198759126.003.0003
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date: 26 August 2019

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.

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