further aspects of contract and tort
TABLE OF CONTENTS
INTRODUCTION
This assignment will strive to outline points of law including identifying key vitiating factors, including duress and undue influence and illegality as well as forms of discharge of a contract and remedies for that. It will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based on a mistake or a misrepresentation. Illegality on the other hand, is much more to do with the actual character of the agreement itself. It is of a type that the law frowns upon for some reason, for public policy or for other reasons it is not accepted as legitimate.
CASE 1: ADAM V CYNTHIA
With regards to Illegality the basic principle is that the law will not accept any contract that is tainted with illegality. This area of law is not necessarily straightforward though as contracts that have been declared void are numerous and diverse in their make-up. Also judges have been known to refer to contracts as ‘illegal’, ‘void’ or ‘unenforceable’ however they do not always distinguish the terms. Some contracts are said to be void and therefore unenforceable meaning there is nothing that prohibits them being formed in a long as the parties involved adhere to the terms they agreed to and no problems arise, however if there is a breach the contract will have no remedy in law. Other contracts are said to be illegal and therefore unenforceable, with these there is a possibility they should not have been made at all and transactions connected with the agreement may be deemed illegal or tainted with illegality.
There are four groups of illegality
Contracts void by statue
Contracts declared illegal by state (further divided between contracts that are illegally formed and those illegal because of the way are/will be carried out)
Contracts void in common law – influenced by
INTRODUCTION
This assignment will strive to outline points of law including identifying key vitiating factors, including duress and undue influence and illegality as well as forms of discharge of a contract and remedies for that. It will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based on a mistake or a misrepresentation. Illegality on the other hand, is much more to do with the actual character of the agreement itself. It is of a type that the law frowns upon for some reason, for public policy or for other reasons it is not accepted as legitimate.
CASE 1: ADAM V CYNTHIA
With regards to Illegality the basic principle is that the law will not accept any contract that is tainted with illegality. This area of law is not necessarily straightforward though as contracts that have been declared void are numerous and diverse in their make-up. Also judges have been known to refer to contracts as ‘illegal’, ‘void’ or ‘unenforceable’ however they do not always distinguish the terms. Some contracts are said to be void and therefore unenforceable meaning there is nothing that prohibits them being formed in a long as the parties involved adhere to the terms they agreed to and no problems arise, however if there is a breach the contract will have no remedy in law. Other contracts are said to be illegal and therefore unenforceable, with these there is a possibility they should not have been made at all and transactions connected with the agreement may be deemed illegal or tainted with illegality.
There are four groups of illegality
Contracts void by statue
Contracts declared illegal by state (further divided between contracts that are illegally formed and those illegal because of the way are/will be carried out)
Contracts void in common law – influenced by
Bibliography: Kelly, D.; Holmes, A. Hayward, R. (2006) Business Law, Fifth Edition, Cavendish Publishing Macityre, E. (2010) Business Law, Second edition, Pearson Education Turner, C. (2011) Unlocking Contract Law, 3rd edition, Hodder Education Keenan, D & Riches, S (2005) Business Law, 7th edition, Pearson Education Chesire, G; Fifoot, C and Furnston, M. (2002) Law of Contract, 15th Edition, Oxford University Press Treitel, G. (2007) The law of Contract, 12th edition, Sweet and Maxwell