Contract - Affirmative Defenses

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.

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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 (1803–1882)

    “We are a nation of politicians, concerned about the outmost defenses only of freedom. It is our children’s children who may perchance be really free.”
    —Henry David Thoreau (1817–1862)