What are some examples of factors that could vitiate a contract?

(1) Misrepresentation (untrue statement of a “fact” that induces the other side to enter into the contract; this may be “innocent” or “fraudulent” depending on whether the maker of the statement knew it was untrue);Β 

(2) mistake (erroneous belief about a matter of fact); (3) duress (e. g. where a contract was entered into under a threat); (4) undue influence (influence that prevents a party from exercising an independent judgement); (5) illegality (e. g. where the contract is forbidden by statute); (6) lack of capacity (e. g. where one party turns out to be barred from making contracts because of age or mental infirmity).


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