The document outlines different conditions that may make a contract voidable or have no effect. It discusses factors such as fraud, undue influence, force, fear, duress, and errors that could potentially void a contract if proven. Specific types of errors are also defined such as error in fact, error in law, essential error, common error, and mutual error. The effects of innocent, negligent, and fraudulent misrepresentations on a contract are also summarized.
The document outlines different conditions that may make a contract voidable or have no effect. It discusses factors such as fraud, undue influence, force, fear, duress, and errors that could potentially void a contract if proven. Specific types of errors are also defined such as error in fact, error in law, essential error, common error, and mutual error. The effects of innocent, negligent, and fraudulent misrepresentations on a contract are also summarized.
The document outlines different conditions that may make a contract voidable or have no effect. It discusses factors such as fraud, undue influence, force, fear, duress, and errors that could potentially void a contract if proven. Specific types of errors are also defined such as error in fact, error in law, essential error, common error, and mutual error. The effects of innocent, negligent, and fraudulent misrepresentations on a contract are also summarized.
The document outlines different conditions that may make a contract voidable or have no effect. It discusses factors such as fraud, undue influence, force, fear, duress, and errors that could potentially void a contract if proven. Specific types of errors are also defined such as error in fact, error in law, essential error, common error, and mutual error. The effects of innocent, negligent, and fraudulent misrepresentations on a contract are also summarized.
circumvention ✓ party is in a state of prove the facility conditions ✓ the other party took advantage of this to induce him to enter the contract ✓ he suffered some loss because of the contract
Undue influence ❌ If proven:
✓ there is trust & if unable prove the confidence conditions ✓ an unfair advantage ✓ contract detrimental to the weaker party
Force, fear & duress If proven:
✓ induced to consent by ❌ if unable prove the force or threat of force conditions OR ✓ afraid of the consequences of not consenting
Error in fact ✓ i buy oranges to make
medicine but receive ✓ i buy oranges to make juice but receive mandarins ❌ mandarins
Error in law ❌ ❌ ✓
Collateral error ❌ ❌ ✓
Essential error Types of error
✓ nature of the contract ✓ identity of the other party ✓ subject matter ✓ price ✓ quality, quantity or extent
Common error ❌ ❌ ✓
Mutual error ✓ if there is no preferred
interpretation ✓ court will decide whose interpretation to enforce ❌ Uninduced ❌ ❌ ✓ unilateral error Unilateral error ✓ essential error ✓ material collateral error Mistakes induced by the if proven: arising from other ✓ there is bad intention personal party(misrepresenta ✓ inducement opinions tion) ✓ material nature regarding the quality or value of an item
Innocent ✓ if misrepresentation ✓ if it didn’t result in If it’s
misrepresentation resulted in fundamental fundamental error impossible error to return to status quo
Negligent ✓ if misrepresentation ✓ if it didn’t result in
misrepresentation resulted in fundamental fundamental error error
Fraudulent ✓ if misrepresentation ✓ if misrepresentation
misrepresentation leads to essential error leads to material collateral error