Vitiating Elements of Contract as a Source of Contractual Validity
6 Pages Posted: 4 Oct 2012
Date Written: October 4, 2012
A ‘vitiating element of contract’ is the technical term for the things which make a contract void or voidable. Vitiating factors in a contract are those factors the existence of (any of) which will cripple or invalidate the contract. Vitiating elements of contract such as mistake, duress, misrepresentation, undue influence and illegality, are determinants of the validity of a contract. They are the various factors which can affect the validity of a contract once it has been formed. The implication of which is that the validity of a contract is normally unquestioned when vitiating elements are absent. It is against this background that this essay has examined vitiating elements of contract as source of contractual validity.
Keywords: vitiating, elements, contract, law, Nigeria
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