vitiation of contracts - Assets - Cambridge University Press
I shall analyse the vitiating factors of mental incapacity, non est factum, mistake, misrepresentation, duress, undue influence and unconscion- ability. .... for vitiation, because it would simply replace the objective principle with subjectivity.
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between the law relating to mistake and involuntariness in contract and thm of mistake and ... party's intention or that the will of the other party had been vitiated. 6 ln addition .... the misrepresentation was innocent and "an innocent misrepresentation . ...... duress or undue influence wa~ exercised by a third pany. the objective.
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the law of contract ii - National Open University of Nigeria
Feb 8, 1975 ... discharge of contract and remedies for misrepresentation. _. Course Aims. The aim of the ... Set out below is the wider objectives of the course as a whole. By meeting these .... Enumerate factors what may vitiate a contract ...... the validity of a contract: duress, undue influence and unconscionable conduct.
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11- Consent, standard form contracts and empowerment for
undue influence, fraud, misrepresentation, and mistake, will vitiate consent, it remains a matter of contention whether factors such as unconscionability and economic duress may be treated by .... Even lately, the trend is to push for an objective.
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bus313 course compact - Landmark University
contractual capacity, vitiating elements and remedies for breach of contract, while the aspects ... The general objective of the course is to introduce students to the basic principles of law of contract ... Illegality, mistake, duress, misrepresentation, undue influence, ... identify vitiating elements/factors in a contractual agreement.
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BUL 202 Law of Contract II.pdf - University of Ilorin
Objective: At the end of week 1, students will be expected to understand the following with respect to Mistake as one of the vitiating elements of contract: .... WEEK 2: Vitiating Elements of Contract II: Misrepresentation. Objective: At the end .... WEEK 3: Vitiating Elements of Contract III: Duress and Undue Influence. Objective: ...
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a Critical Analysis of the Principles Governing Duress - KDU
make a contract void or voidable are known as vitiating elements. ... as well. The objective of this research is to distinguish the ... factors should be developed when deciding cases of ... misrepresentation, mistake, duress and undue influence.
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Elements of the law of contract - LondonElements of the law of
Part IV Vitiating elements in the formation of a contract ... 8.4 Mistake in equity . ... 9.1 Definition of misrepresentation . ... 10 Duress and undue influence. ..... Remember that your main objective is to understand the principles that have been laid.
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Unilateral Mistake: The Baseball Card Case - Washington University
decisions, rival objectives for unilateral mistake doctrine press forward to .... The proposition that manifest error vitiates consent may be traced in ..... significance of this factor will complete the account of the traditional .... consent may be unreal because of mistake, misrepresentation, fraud, duress, undue influence, or.
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grounds for setting aside, Jacky Campbell, March 2015
further confusion, particularly with respect to duress, undue influence and ..... agreements may be voidable include misrepresentation, mistake, duress, undue influence ... The tension between the main objectives of contract law is highlighted by s ... relevant pre-requisites are met, and there is an absence of vitiating factors, ...
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banks, agency and misrepresentation - SSRN
well-established contract law principles of misrepresentation and traditional ... See generally John Cartwright, Misrepresentation, Mistake and Non-Disclosure, 3rd ..... vitiating factors such as duress, undue influence and misrepresentation, .... way of exemption of the claimant's liability than its literal, objective interpretation.
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The Law of Rescission by Dominic O'Sullivan, Steven Elliott and
to approve broadly of the policy objectives of the law in cases where a contract ... is rescinded because of duress, undue influence or misrepresentation on the part ... conceptual mistake.12 Moreover, to insist that a wife show that she has obtained .... pied if the misrepresentation or other vitiating factor had not occurred . Sec-.
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the nature of torrens indefeasibility - Melbourne Law School
B Misrepresentation, Duress, Undue Influence and Unconscionability........ 222 ... It has been suggested that Torrens' objectives were achieved by 'the elevation ..... right' — in other words, where the transfer was vitiated by 'mistake, duress, ..... registered proprietor is personally responsible for the particular vitiating factor.99.
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Beyond the Torrens Mirror: A Framework of the In Personam
VI Undue Influence, Unconscionable Conduct and Duress........................................ 693. VII Restitutionary Claims Based on Mistake, Failure of Basis and Ignorance . .... the overarching objective of the Torrens system.26 Chambers draws a distinction ..... the presence of a vitiating factor.85 This proposition follows from the ...
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Business Law - SAICSA
Course Objectives. • The module is designed ... Contract Law: Factors Vitiating a Contract. Incapacity ... Contracts against Public Policy. Misrepresentation. Duress . Undue Influence. Mistake. Contract Law: Termination of a Contract. Damages.
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Protecting Legitimate Expectations and Estoppel - Electronic Journal
parties share (and act upon) a mistake as to the legal effect of the terms of a contract, then the ..... 'English law generally adopts an objective theory of contract formation. That ..... does not recognise that such factors can vitiate the contract. ... do not usually discuss: mistake, misrepresentation, duress and undue influence are.
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PDF (Full Text) - Universiti Teknologi Malaysia Institutional Repository
due to mistake, misrepresentation, duress or undue influence.5. The lack of .... From the problem statement above, the following is the objective of the study: -. 1. .... or mistake. It is evidence that any of the factors listed above, if proven, impair the ... vitiating circumstances, can acquire rights stemming from a voidable contract.
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contractual duress and relations of power - Harvard Journal of Law
Feb 8, 2013 ... ing on duress doctrine in the context of relations of power, it uses feminist ..... tween the parties, and other social factors and circumstances that provide a ..... Phang, Undue Influence Methodology, Sources and Linkages, 1995 J. BUS. .... formation of the contract, such as misrepresentation, mistake, or undue.
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Specification - AS/A Level Law - OCR
Assessment Objectives. 25. 4.8. Quality of Written .... exemption clauses; privity of contract; vitiating factors of misrepresentation, mistake, restraint of trade clauses, duress and undue influence; discharge of contracts. A2 Units G157 and G158 ...
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contract law reading lists 2014-2015 - mcbridesguides
Relief for mistake and frustration. 7. ... Each week, I will set out the aims and objectives that you should have in mind in going through the reading. .... establish that his contract with the buyer was voidable for misrepresentation by the buyer (as ...... mcbridesguides → Contract Law → Vitiating Factors → Undue influence.
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