Vitiating Factors in Contract Law - The Interaction of Theory and Practice

Abstract

... Given the tendency of the various vitiating factors in the law of contract towards the attainment of fairness ..., the present article attempts to demonstrate how the law has in fact worked towards this aim. This necessitates, in turn, a consideration of at least two central theoretical or conceptual themes underlying the law itself. ... The first central theme or strand is also, it is suggested, the most important: that although the courts have sought to achieve fairness through the application of the various vitiating factors, they have nevertheless been conscious of the countervailing need for certainty and predictability, particularly in commercial transactions, and that this has given rise (in most instances) to line-drawing. ... The second central strand is a related one: that it is very helpful to be aware of substantive similarities between and amongst doctrines and even between and amongst sub-categories of the same doctrine. ...

Keywords: Contract law, vitiating factors in contracts, void and voidable contracts

JEL Classification: K12