The validity of a contract can be undermined by factors affecting contractual consent. Issues of contractual validity frequently arise for consideration in all types of litigation, not least commercial disputes. This book provides practitioners and academics with an invaluable reference tool, which will enable them to navigate the complex issues of vitiation of contract.
When contractual disputes arise, there are a variety of vitiating factors which may be relied on to undermine a contract’s validity. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Each chapter gives a thorough account of the law on each of these vitiating factors, together with an overview of the remedies available. The book’s introduction considers the theoretical foundations of the law in this area.
The book will be an invaluable reference tool for lawyers involved in all types of contractual disputes. It will also be a useful reference for academics and postgraduate students of commercial law.
Chapter 1: Contracts, Consent and Vitiation
Chapter 2: Incapacity
Chapter 3: Duress
Chapter 4: Undue Influence
Chapter 5: Contracts with Parties in a Weaker Position
Chapter 6: Mistake
Chapter 7: Misrepresentation and Deceit
Chapter 8: Pre-Contractual Non-Disclosure
In this series you will find expert commentary and analysis on wide-ranging aspects of commercial law including commercial agents, the law of deceit, and financial crisis management. All the titles are dedicated to meeting the needs of commercial law specialists.