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
Famous quotes containing the words affirmative and/or defenses:
“The affirmative class monopolize the homage of mankind. They originate and execute all the great feats. What a force was coiled up in the skull of Napoleon!”
—Ralph Waldo Emerson (18031882)
“We are a nation of politicians, concerned about the outmost defenses only of freedom. It is our childrens children who may perchance be really free.”
—Henry David Thoreau (18171862)