Vitiating factors in the law of contract
In English law, a vitiating factor in the common law of contract is a factor that can affect the validity of a contract. The concept has been adopted in other common law jurisdictions, including the USA.
A vitiating factor is one which spoils the contract, rendering it imperfect. The standard remedy is rescission, but damages may also be available..The main vitiating factors in the law of contract are: misrepresentation, mistake, undue influence, duress, incapacity, illegality, frustration and unconscionability.
- Misrepresentation
- Mistake
- Undue influence
- Duress
- Incapacity
- Illegality
- Frustration
- Unconscionability
