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(p. 143) 7. Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress 

(p. 143) 7. Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress
Chapter:
(p. 143) 7. Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress
Author(s):

James Marson

and Katy Ferris

DOI:
10.1093/he/9780198766285.003.0007
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date: 18 June 2021

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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