Contracts – Contracts Formation: Problems

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Contracts

Contract Formation Problems:

  • Other problems that may arise during contract formation include:
-Public Policy
  • Validly formed contracts can be void for public policy reasons such as illegal contracts or certain contracts made to avoid responsibility.

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-Lack of Capacity
  • Validly formed contracts may also be void for lack of capacity such as contracts with minors, the intoxicated or the insane.

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-Duress
  • Duress in the contract formation can make the contract voidable.

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-Fraud / Misrepresentation
  • Fraud or misrepresentation in a contract can make the contract voidable.

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-Mistake
  • Mistakes as to a fundamental element of the contract can make the contact voidable.

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-Ambiguity
  • Ambiguity in a contract can make the contract voidable.

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-Statue of Limitations
  • A contract can be unenforceable due to the time limits in the statute of limitations

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-Statute of Frauds
  • A contract can be unforceable due to the requirements of the statute of frauds.

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-Unconscionability
  • A contract can be unenforceable if it is unconscionable.
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