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Part IV Vitiation, 11 Misrepresentation

From: Contract Law in Practice

Neil Andrews

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2024

Damages and contract — Validity of contract — Damages

The chapters in this Part (chapters 11 to 15) concern pre-formation events which entitle a party to rescind the contract (or agreed variation). The categories of vitiation are: misrepresentation, duress, undue influence, and unconscionability—that is reprehensible exploitation of severe weakness (non-disclosure can be a vitiating factor, but only in special and exceptional circumstances [11.178]). Where a vitiating factor is made out, the agreement will be held to be vitiated and hence voidable.

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