Affirmative Defenses
Vitiating factors constituting defences to purported contract formation include:
- mistake;
- incapacity, including mental incompetence and infancy/minority;
- duress;
- undue influence;
- unconscionability;
- misrepresentation/fraud; and
- frustration of purpose.
Such defenses operate to determine whether a purported contract is either (1) void or (2) voidable. Void contracts cannot be ratified by either party. Voidable contracts can be ratified.
Read more about this topic: Contract
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