Contract Revision:

Formalities:
 At common law, there is no need for contracts to be in writing or in any
form necessary.
 However, there is one class of contracts which requires that a contract is
evidenced in writing.
 According to the Statute of Frauds Act of 1677 under Section 4: it is stated
that contracts for the sale of land or an interest or disposition in land, are
required to be in writing. If they are not in writing, they cannot be enforced
by the court.
 In the Case of Mwenya and Another v Kapinga : it was stated that the form
does not need to be sophisticated provided that a note or memorandum
thereof contains a few key specific ingredients:
 A) The Names of the Parties
 B) The Nature of Consideration
 C) The Subject matter

Classification of Contracts
 There are many different ways of classifying contracts.
 A) Bilateral Contracts
These are standard across the board, two or more parties enter into a contract
and each assumes an obligation under the contract. For instance, I promise to
give you k500 if you clean my house.

B) Unilateral Contracts
These are contracts where only one party assumes an obligation. For
instance, I promise to give K500 to anyone who finds my lost dog. The key
characteristic of such a contract is that there must be some doing of an act in
order to satisfy the requirement.
In the case of carlill v carbolic smokeball, the smokeball company offered to
give 100 pounds to anybody who contracted influenza, whilst using their
smoke ball according to the specific instructions.

C) Void Contracts
 A void contract is a misnomer in words. It comes about when an essential
element of a contract is missing or when a contract is diseased by a vitiating
factor for instance in illegal contract. A contract can be void in one of two
ways:
 Contracts void in abinitio (these are contracts which are non- existent
from the very beginning) eg: If a contract is illegal as to formation, it
means that the contract is void from the very beginning.
 Contracts void as to performance. eg. If a contract is legal when
formed, but illegal as performed, then it is illegal after the fact.
 Note: In all these cases, the court makes a pronouncement as to
whether it was void abinitio or whether it was void because of the
manner in which it was performed.
D) Voidable Contracts.
These are contracts that are valid, but can be avoided by an aggrieved party. Eg in
most cases of Misrepresentation and Duress or undue Influence, a contract is valid,
so a party can choose to continue in the marriage, but if they choose to step out of
that marriage, we can say that the contract has been avoided. Once a contract is
avoided, the effect is that it is no longer in existence. This means that it has been
annulled, or ceases to exist.
E) Valid Contracts
These are Contracts that contain all the essential ingredients of a Contract and are
free from vitiating factors.
F) Express Contracts
These are contracts where parties without any ambiguity display their intentions
under the contract. This is very common in written or oral contracts where parties
to a contract express themselves as to what they want and do not want under a
contract.
G) Implied Contracts
These are contracts that contain some ambiguity with regards to the intentions of
the parties under the contract. Most times, such contracts are construed according
to the conduct of the parties.
H) Contacts under deed
These types of contracts re most common in contacts that contain transactions for
property, land, conveyancing etc these contracts are normally characterized by the
words signed, sealed or delivered.
H) Simple contracts
Are contracts which may be made orally, in writing or they may be implied from
ones conduct.
I) Executed Contracts
These are contracts that have been perforemed. Under this segment, all the
parties under the contract have performed their side of the bargain
J) Executory Contracts
These are contracts that have not been fully performed. Under these kinds of
parties, one or all of the parties are yet to complete their end of the bargain.
They are most popular in contracts where one party promises to complete a
certain task in exchange for something that the other party will do for them at a
later date.
K) Unenforceable contracts
These are contracts which are valid, but cannot be enforced by the courts of
law. For instance under the statute of frauds act, contracts that have an interest
in land, but that are not evidenced in writing cannot be enforced by the courts.
Hence the term unenforceable: they are valid, but simply cannot be enforced by
the courts.
L) Illegal Contracts
These are contracts which contravene the law, or public policy.

The Contents of A Contract

Key Areas:
Contractual Terms:
a) Terms v Representations
 A term is a statement which forms part of a contract
 A representation is not part of the contract. It may be uttered by one of
the parties during negotiation; however, if it is not incorporated into
the contract, then it is merely a representation.
 The effect of a term is that if it is breached an aggrieved party may
sue and recover damages for breach of contract.
 A representation on the other hand does not avail the aggrieved party
to nay remedy at law. In short, it isn’t actionable.
 How are express terms incorporated into contracts
 By Writing
 A statement that is reduced into writing is a term. In Routledge v Mc
Kay, the plaintiff during negotiations for the sale of a motor cycle,
inquired about its age. The defendant unknowingly gave him the
wrong age but this was only discovered after the motorcycle had
already been bought. The plaintiffs claim for breach failed as the
courts stated that the written agreement between the plaintiff and the
defendant did not contain anything about age; hence, they never
considered it important enough to be a term.
 By Signing
 When a written agreement has been signed, the contents of the
contract are considered to be binding even though the party did not
read it prior to signing. In L’Estrange v Graucob , the plaintiff bought
a vending machine based on a written contract, but did not read the
exclusion clause which stated that the defendants would not be liable
for any express or implied condition, arising from the purchase of the
machine. It actually turned out that the machine was faulty , but the
plaintiffs could not recover in damages because they signed the
contract which included that express provision
 By Placing Importance on a statement
 A statement in which importance has been placed, is highly likely to
become a term because the parties would have not entered into the
contract if had not been for that term. In Bannerman v White the
defendant had stated that if the hops had been treated with sulfur, then
he was not even interested of knowing the price of them. However, as
it turns out, they had actually been treated with sulfur, and when this
was discovered, he repudiated the contract. The plaintiff took him to
 court for specific performance, but the court held that the stamen
regarding the non-treatment of the hops, became a condition of the
contract because of the level of importance placed on it. Also, in the
case of Couchman v Hill the plaintiff during negotiations at an auction
sale, stipulated that he wanted to buy a heifer that was unserved, and
even went as far as confirming with the auctioneer as to whether this
was true. When it was discovered that the heifer was actually
pregnant, the plaintiff commenced a cause of action, and the court
held that even though the written terms of the agreement stipulated
that the auctioneers would not be liable for any defects for the lots
sold at the auction, the representation made by the buyer was so
crucial that it had become a term of the contract.
 By Reliance on specialist knowledge and skill
 If a statement is made by a person who is lacking in skill and
specialist knowledge, the presumption is that the statement made by
them does not amount to a term of a contract. In Oscar Chess v
Williams during the negotiations, the defendant had purported to be
selling a 1948 Morris 10 to the plaintiff. After it was bought, it was
later discovered that that was not really the case as the Morris 10 was
actually a 1939 model. The court held that the defendant could not be
held liable for the representation, because he lacked special
knowledge and skill regarding cars, and besides, he was merely
relying on the information given to him in the registration documents.
 If a statement is made by a person who does have special knowledge
and skill, the presumption is that the statement is a term. In Dick
Bentley Productions v Smith, the plaintiffs during negotiations for the
purchase of a Bentley car had indicated to the car dealers that he
wanted a Bentley car which was in good condition. The defendants
told the plaintiff that the car had only done 20,000 miles when in fact
it had done 100,000 miles. Upon discovery, the plaintiff sued the
defendants for breach of contract, the court held that the statement that
the car had done 20,000 miles became a term of the contract because
the plaintiff was relying on experts to make his decision to buy the
car.
 By the Timing
 If the lapse of time for incorporation of a statement into a contract is
too great, then the statement will not be incorporated into the contract.
By Strength (verification) (come back)
 Where
 The Parole evidence rule and its exceptions
 General Rule
 The general rule of parole evidence is that once parties to a contract
have elected to put their agreement in writing, no extrinsic parole
evidence shall be adduced to add, alter or subtract from the terms of
the written agreement.
 The Rationale behind this rule is to ensure the certainty of agreements.
In Jacobs v Batavia, it was stated that a written document is the sole
repository of the terms of the contract.
 Six Exceptions to the General Rule
 Where a written document represents only part of a larger
agreement, the court will adduce parole evidence in order
to give effect to the true meaning of the contract. In Allen
v Pink, the case concerned the purchase of a horse and
this was written down on a note which was admitted to
only be a mere memorandum of a transaction and not one
containing the terms of the contact. The other terms as to
the state of the horse were agreed upon orally, therefore
extrinsic evidence as to the written memorandum was
admissible.
 Parole evidence may be admitted to prove custom. In
Hutton v Warren, The Plaintiff who was a farmer who
had a tenancy on the defendant's fields. The plaintiff had
planted crops on the fields and worked the fields to
ensure the crops would grow, but Before the field was
due to be harvested the tenancy was terminated. The
plaintiff then submitted a bill to the defendant for the
work and cost of seed spent on the field as was
customary in farming tenancies. The defendant however
refused to pay stating that there was nothing in the
tenancy agreement stating that such compensation was
 payable. The court held that the term was implied as it
was common for faming tenancies to contain such
clauses.
 Parole evidence may be admitted to rectify evidence. In
Webster v Cecil, the plaintiff was allowed to admit
parole evidence in order to reflect the true price of the
land he had purchased.
 Parole evidence can be admitted to show that an
agreement has not yet come into operation. In Pym v
Campbell, parole evidence was admitted to show that a
contract that the plaintiff had entered into to buy shares
of an invention had not yet come into effect because the
patent had not yet been examined by a third party.
 Parole evidence can also be admitted to prove fraud,
misrepresentation, and undue influence. In Kalusha
Bwalya v Chadore properties limited, the courts allowed
the plaintiff to adduce extrinsic evidence in order to
prove that he had been fraudulently induced to sell his
property.
 Parole evidence can be admitted to prove the existence of
a collateral contract. In City and West Minister properties
v Mud, the court allowed the defendant to admit extrinsic
evidence in order to prove that the previous contract he
had with his landlord, which restrained him from
sleeping on the premises was circumvented by an oral
agreement which allowed him to still sleep on the
premises.

b) Classification of terms
Terms can be classified into three main categories.
 Conditions
 These are considered to be the most important terms of the
contract because it goes to the heart or the root of the subject
matter of the contract.
  A breach of a condition entitles the innocent party to terminate
the contract and claim damages
 In Poussard V Spires the court held that a lead singer who had
missed the first night of her performance at an opera show had
breached a condition which went to the root of the contract
because her presence at the show was very crucial for the
success of the production. Hence the producers had every right
to repudiate their contract with her.
 Warranties
 A warranty is a less important term of a contract
 Breach of a warrant entitles the aggrieved party to sue for
damages, but they cannot terminate the contract.
 In Bettini v Gaye, the court held that a singer missing only three
out of six days of his rehearsals was not a ground for
repudiation of his contract. They reasoned that since the
rehearsals were merely ancillary to the main purpose of the
contract, the producers could only sue him for damages.
 Innominate Terms
 These are terms that are used by the court to determine the
outcome of the breach.
 Upon construction the court decides whether an aggrieved party
should be entitled to damages, or to repudiate the contract, or
even both.
 In Hong Kong shipping company v Kawasaki, Lord Diplock
averred that not all terms of in contracts should simply be
treated as conditions and warranties because contracts are of a
very complex nature. He stated that unless classification is
expressly provided for, the terms of a contract will depend on
the event in which the breach gave rise.

c) Implied Terms
These are terms which the parties do not expressly agree to, but which are
implied into contracts none the less.
 Terms Implied by the Court
 The common law, through the courts may imply terms into a
contract in order to give it business efficacy. In The Moorcock,
 the courts implied a term into a contract that the ship would not
be damaged in order to give it business efficacy.
 The courts can also imply terms in order to show that the
parties if given the chance to, would have included the term in
the contract. In Liverpool City Council v Irwin, the house of
Lords held that it was an implied term of the contract that the
Landlords should take reasonable care to keep the common
parts the premises in a state of reasonable repair.
 The courts can imply a term into a contract under the officious
Bystander or all of course test. In Shirlow v Southern Foundries
the court held that it was an implied term that the director of an
iron casting company, who had a contract for 10 years, would
not be sacked before the time that his contract had ended. He
was thus entitled to be awarded with damages.
 Terms Implied by Statute
 Parliament may imply terms of a contract into statutes in order
to protect the weaker party to the bargain
 In the Sale of Goods Act from Sections 12- 15, parliament
implies terms into consumer contracts in order to protect
consumers from exploitation. For example, it is an implied term
that a good must be fit for the purpose for which it has been
bought. Additionally, a good must correspond to the sample for
which it has been bought.

 Terms Implied by Custom

 Customs are well known traditions that are practiced by various
industries.
 In order for customs to be implied into a contract: They must
not contravene the law. Additionally they t must be well known
by those in that business, industry or under taking
 The rationale for implying terms by custom is to fill in the gaps
that parties to a contract may have forgotten to include.
 In British Crane Corporation v Ipswich Plant Hire, a crane had
sunk and the issue was who should meet the cost of retrieving
it. The court resolved that as a matter of custom, the defendants
 were responsible for doing this because the parties were of
equal bargaining power.

d) Exclusion and Limiting Clauses

 Exclusion and limiting clauses are terms which seek to exclude or
limit liability for breach of contract or the commitment of a tort.
 This is done to prevent business entities from constantly being sued
owing to mistakes that they often make.
 How are exclusion clauses incorporated into contracts
 By signing
 Once signing has taken place, the exclusion clause is automatically
included into the contract.
 In the case of L’Estrange v Graucob the plaintiffs had bought a
vending machine from the defendants using a written contract which
had an exclusion clause written in fine print that excluded liability for
any defects that it may have included under any implied terms. Once
the machine broke down, the plaintiff sued for breach of contract
under the sale of Goods Act, stating that it was an implied term that an
implied term shall be fit for the purpose for which it has been bought.
However, the claim failed, because the clause excluded such liability.
Exceptions to this Rule
 Where it is shown that misrepresentation induced a party to enter into
a contract, after they inquired about the clause, then the exclusion
clause will not aid the maker.
 In Curtis v chemical cleaning and dying company, the plaintiff had
taken her wedding dress for cleaning and was asked to sign a
document which exempted the laundry company for liability arising
from damage caused to the wedding dress howsoever arising. Before
she could sign, she questioned the cashier about it, and she was told
that the exclusion clause meant that company would not accept
liability for the removal of any of the sequins or beads attached to her
dress. When the dress was returned to her, it had a huge stain. When
she sued, the company tried to rely on the exclusion clause but the
court held that it could not aid them because of the oral assurances
made to the plaintiff before signing.
 By giving reasonable notice
 If an exclusion clause is included into a contract without
prior or reasonable notice, a party to a contract will not
be bound by it. It will be considered to be null and void.
 In Thornton v Shoe lane parking, the plaintiff had been
injured in a car park owed by the defendants. At the
entrance of the car park, there was a notice saying that
parking was at the owner’s risk, however, the exclusion
clauses that sought to exclude liability for any damage to
property or personal injuries were only visible once a
person entered the car park. The court held that the
exclusion clause could not aid the defendant because the
plaintiff had not been given sufficient notice of them, in
order to aid in the contemplation of whether he should
enter the contract.
 In Oley v Marlborough court, the defendant hotel
company could not rely on an exclusion clause
exempting liability for theft or damage of property which
was displayed in the hotel room as the contract was
entered into at the reception desk. The plaintiffs had
therefore not been given any reasonable notice.
 By previous course of dealings
 An exclusion clause can be incorporated if there has
been consistent course of dealing between parties to a
contract in the past
 In Spurling v Bradshaw, the plaintiff had been in a
contract for the storage of his goods for many years, but
on one occasion, he had stored a consignment of juice
that had gone missing. The plaintiff sued for their loss,
but the court held that the defendants could rely on the
exclusion clause arising from any loss or damage
occasioned to the plaintiffs because the parties had dealt
on the same terms in the past.
 In McCuteon v David Mac Bryne, the defendants could
not rely on the exclusion clause because there had not
 been consistent course of dealing. On some days the
company would make them sign risk notes and on other
days they wouldn’t.
 How are exclusion clauses Constructed or interpreted:
 The contra- profe rentum rule
 According to Habwanda v Zambia Breweries, the contra-profe-
rentum rule, is a rule of construction which states that any
ambiguity or lack of clarity in an exclusion clause will be
construed harshly against the maker or drafter of the statement.
 The rationale for this is that the other party has higher
bargaining power.
 In Indo- Bank v Mushaukwa, the courts held that clause seven
of the exclusion clause in the employment contract could not
qualify to exclude liability because it was drafted carelessly. It
was contended that where the words of a document produced a
doubtful import or ambiguity, it would be construed against the
maker of the statement.

 The Doctrine of Fundamental Breach \

 The Doctrine of Fundamental breach stipulates that once a
fundamental term is breached, an exclusion clause seeking to limit or
exclude liability will not aid the party seeking to rely on it.
 In Karsales v Wallis, The car was incapable of self-propulsion. So
Lord Denning propounded that the exclusion clause could not avail
the car company seeking to rely on it, because the breach of the
fundamental term of the contract, went to the heart of the subject
matter of the contract.
 In Photo production v Securicor, a security guard was trying to warm
himself whilst he was on duty with a fir, but he ended up burning the
premises down. The court in this case allowed the security company
to rely on the exclusion clause but stated that there was no rule of law,
that once there was a fundamental breach, an exclusion clause would
not aid a person seeking to rely on it. The court contended that it was
a matter of construction only.
 This Case officially overturned the doctrine of fundamental breach.
 Onerous Clauses
  An onerous clause is a burdensome clause. The General
Rule of Onerous clauses is that the party seeking to rely on it
must provide reasonable notice to the other party.
 In Interphoto v stiletto visual production, the court stated
that where an onerous clause had been incorporated into a
contract, the party seeking to rely on it, should take
reasonable steps to incorporate it into the contract.

Vitiating Factors:
 A Vitiating factor is one which invalidates the validity of a contract.
 If no vitiating factor exists in a contract, then such a contract remains valid.
 A vitiating factor may have many effects on the contract depending on the
type that it is.

Misrepresentation
a) What is Misrepresentation
b) Types of Misrepresentation
c) What Amounts to misrepresentation
d) Remedies for misrepresentation

Mistake
 Not every mistake has a vitiating effect on a contract.
 The effect of mistake is rectification under equity, but under common law,
there was no remedy.
 There are 3 kinds of mistake as outlined below.
a) Common Mistake
 A common mistake occurs when both parties are laboring under the
same mistake with regard to some fundamental aspect of the contract.
 It would be unfair to hold parties under such a contract accountable
under the contract because performance of the contract would be
radically different from what the parties had supposed the contract to
be.
 There are 3 types of Common mistake
A) Res Extincta
  Res Extincta is Latin for the thing no longer exists
 Under this type of common mistake, both parties are mistaken
as to the existence of the subject matter
 Parties under such a contract genuinely believe that the thing
they are contracting for at the time of making the contract is in
existence, when in fact it is not.
 The effect of Res Extincta is that it is void for common mistake.
 In Couturier v Hastie, the parties had contracted for the sale of
corn which was to be shipped from India to England. Unknown
to both parties, at the time that the contract was being formed,
the captain of the ship had sold the corn to somebody else along
the journey because it had begun to ferment. The court held that
the contract was void for common mistake, as both parties were
laboring under the same mistake; therefore it was unfair to hold
anyone of them liable.
 In Galloway v Galloway the defendant had married someone
under the mistaken belief that she had died owing to the fact
that he was unable to trace her and that he was thus a widower.
When the defendant went on separation with his wife , she
decided to sue him for failing to pay child support for his
children. His first wife however reemerged, and the court
refused to honor their deed of separation, because the court
reasoned that it was void owing to their mistaken belief that
they were married to one another since the defendants wife was
still alive.

B) Res Sua
 The maxim res sua means the thing belongs to you
 Under this type of mistake, parties to a contract are mistaken as to the
ownership of the subject matter of the contract.
 The effect of res sua, is that a contract is void for common mistake.
 In Copper v Phibbs, The plaintiff, was the nephew of the owner of
the salmon fishery. He leased this salmon fishery from his Uncle.
When his uncle died and the lease came up for the time of renewal,
the complainant renewed the lease for the salmon fishery with his
Aunt. However, it was later found out that in the Uncle’s will, Mr
 Cooper as his nephew, had been given life tenancy of the salmon
fishery. This meant that there was no need for the lease that existed
between him and the Aunt. It was held that such an agreement
would be set aside due to a common mistake by both parties as to
ownership
C) Mistake as to the Quality
 Under this mistake, both parties are mistaken as to the quality of the
subject matter or the contract. The quality under such a contract is
different to that anticipated
 The effect of mistake as to quality is that it does not render a contract
void for common mistake, as it is merely deemed to be an operative
mistake. It follows that parties are still bound by their obligations
under the contract.
 In Bell v Lever Brothers, Lever bros appointed Mr Bell and Mr
Snelling (the two defendants) as Chairman and Vice Chairman to run
a subsidiary company called Niger. Under the contract of employment
the appointments were to run 5 years. However, due to poor
performance of the Niger Company, Lever bros decided to merge
Niger with another subsidiary and make the defendants redundant.
Lever bros drew up a contract providing for substantial payments to
each if they agreed to terminate their employment. The defendants
accepted the offer and received the payments. However, it later
transpired that the two defendants had committed serious breaches of
duty which would have entitled Lever bros to end their employment
without notice and without compensation. Lever bros brought an
action based on mistake in that they entered the agreement thinking
they were under a legal obligation to pay compensation.

The House of Lords held that this was only a mistake as to quality and
did not render the contract essentially different from that which it was
believed to be. The action therefore failed.
 In Leaf v International galleries, the court denied a claim for the
recession of a contract that the plaintiff had attributed to a
fundamental mistake. In the case, the plaintiff had thought that he had
bought a painting by constable a famous painting when it fact that was
not the case.
  In Scott v Little dale, a contract for the sale of tea was held to be valid
in spite of the mistake in its quality.

b) Mutual Mistake
 A mutual mistake is one in which the parties are laboring under their
own mistake.
 Parties are at cross purposes regarding the subject matter or over the
meaning of the contract.
 Contracts with mutual mistake are void for mistake in abinitio,
because the parties lack consensus ad idem.
 In Raffles v wichelhouse, a contract for the sale of cotton aboard the
peerless ship was held to be void because the parties were at cross
purposes. On one hand, the buyer was under the impression that the
cotton would arrive in October, but the seller was under the
impression that it would be delivered in December.
 In Scriven Bros and Company v Hindly and company, a contract for
the sale of hemp was declared void by the courts, because the parties
were at cross purposes. On one had the buyers thought they were
buying two lots of hemp, and on the other hand the sellers were under
the impression that they were selling one lot of hemp and one lot of
tow.
c) Unilateral Mistake
 A unilateral mistake is one in which only one part is mistaken. And
the other party knows about this and decides to take advantage of it.
 Generally, the identity of the other contracting party is irrelevant
unless it can be shown that the identity of the other party was of
material importance to the contract. In Bolton V Jones, it was stated
by lord Pollock that : ‘Now the rule of law is clear, that if you propose
to make a contract with A, then B cannot substitute himself for A
without your consent and to your disadvantage, securing to himself all
the benefit of the contract.’ In this cases, Mr. jones had intended to
only contract with Block Hurst, so even if Mr. Jones fulfilled the
order, it was held that it was void.
 The effect of Mistake as to identify is different depending on the
nature of Mistake. In Face To face transactions (Inter presence),
unilateral mistake is not an operative mistake in other words, the
 contract cannot be declared void, because the party is deemed to
intend be contracting with the person in front of them.
 In inter- absence contracts, or in contracts that are not face to face,
unilateral mistake is an operative mistake and it can be declared void
for unilateral mistake. In these contracts, often one party suffers at the
hands of the rogue, because once a contract is declared void, a third
party cannot acquire any interest in it.
Inter- Presence:
 The presumption is that you intend to deal with the person in front
of you. As such, you are not mistaken as to the identity of the other
party; you are only mistaken as to their credit worthiness.
 In Philips v Brookes, A rogue purporting to be sir Josh Bullock
entered into a shop and bought a ring with a worthless check, that
he later sold to a 3rd party Later, when it was discovered that the
check bounced, the shop owner sued on the basis of mistake. It was
held that the contract was not void, and the innocent 3rd party had
already acquired an interest in the ring.
 In Lewis v Avery the plaintiff sold his car to a rogue purporting to
be a famous actor called Richard gray. The plaintiff gave him his
car and logbook in exchange for a worthless check which later
bounced, and it was discovered that he sold the car to a 3rd party. It
was held that mistake as to the identity of the rogue did not render
the contract void, because it was a face to face transaction.
 In shogun- finance v Hudson, a rogue masquerading as a Mr. Patel
entered into a hire- purchase agreement with the intention of
purchasing a car from a motor dealer, using a worthless check. He
then sold it to a 3rd party called Mr. Hudson who purchased it in
good faith. Once the check bounced, the plaintiff sued the innocent
3rd party for the tort of conversion. The plaintiff counter sued and
stated that he had acquired good title over the car under the hire
purchase act. It was held that the contract was void for mistake as
to identity because the written agreement was intended to be made
between the real Mr. Patel and since it was made without his
consent, it followed that the agreement was a nullity. And that
there was no valid contract between the rogue and the finance
 company. Additionally, the defendant lost out on the car he had
bought, because he had not acquired and interest in it.
Inter- Absence:
 Where contracts

d) Remedies for mistake

Illegality
a) Factors that render a contract illegal
b) Contracts in Restraint of trade
c) The Effects of Illegality

Duress and Undue Influence

Duress
a) Actual or threatened violence to the person
b) Threats to property
c) Economic Duress
Undue Influence
a) Actual Undue Influence
b) Presumed Undue Influence
c) Remedies for Undue Influence