Contract Law Essay

Lecture 8 Law of Contract: Genuine Consent INTRODUCTION Although the contract may have the essentials of a valid offer, acceptance, legal intentions and consideration, its validity or enforceability may be affected by a number of factors.The agreement may be wanting in genuine consent between the parties.

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Abstract A contract involves s a promise between two persons for the exchange of either good or services.

A contract signifies the free consent of the parties to the contract to be bound by law.

Although the general case is that an adult of sound mind will have full capacity to contract, they may claim that the contract is not enforceable due to such reasons as undue influence, or mental incapacity at the time of entering into the contract. The age of a minor may vary from country to country but the most states put the age at 18 years.

The genera rule that bound contracts entered with minors are that they are not legally liable for any contract which they enter into whether willingly or not (Koffman & Macdonald, 2007 p. This does not however remove the burden of performing the contract for the other person to the contract.

However, if silence distorts an existing representation, then it may constitute misrepresentation.

It is an understatement that assignments on contractual relationships between individuals are baffling. For one thing, the subject matter is complex; for another, the format is tricky.

Representations must also be distinguished from the self evident exaggerations in sales talk and mere advertising “puff”, such as “the best little car in town.” In certain circumstances, a representation may amount to a misrepresentation, and allow the contract to be avoided by the party to whom it was made.

Definition A misrepresentation is a pre-contractual (i.e.

Illegal contracts are for example those involving illegal activities.

For example one can't bring a plea of damages to a court of law for breach of a contract entered into to kill another person.


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