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:
“I would say that deconstruction is affirmation rather than questioning, in a sense which is not positive: I would distinguish between the positive, or positions, and affirmations. I think that deconstruction is affirmative rather than questioning: this affirmation goes through some radical questioning, but it is not questioning in the field of analysis.”
—Jacques Derrida (b. 1930)
“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)