In
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, b ...
, a vitiating factor in the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
of
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
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
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
may also be available. (By contrast, the standard remedy for breach of contract is damages, with
repudiation available for serious breach only).
['' The Mihalis Angelos'']
See also
*
Good faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case ...
*
US contract law
*
Duress in American law
*
German contract law German contract law is found in the Bürgerliches Gesetzbuch, in both the "Allgemeine Teil" and the chapter on "Schuldrecht". It forms part of the general law of obligations.
See also
*Abstraktionsprinzip
*Drittwirkung
Contract
A contract i ...
*
French contract law
*
Principles of European Contract Law
The ''Principles of European Contract Law'' (PECL) is a set of model rules drawn up by leading contract law academics in Europe. It attempts to elucidate basic rules of contract law and more generally the law of obligations which most legal syste ...
Arts 4:107, 4:116 and 4:117
*
Misleading or deceptive conduct
Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of Australian law.
Section 18 of the ''Australian Consumer Law'',''Competition and Consumer Act'' 2010 (CthSchedule 2, The Australian Consumer Law whic ...
*
Tort of deceit
Notes
{{English contract law
English contract law