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Part IV Validity, 18 Fraud and Duress

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Subject(s):
Construction of contract — Formation of contract — Illegality and contract — Interpretation of contract — Validity of contract

This chapter expounds on the concept of fraud and duress. Laws concerning fraud and duress in the context of contracts are designed to protect parties rather than society as a whole. Consent is significant when it comes to fraud or duress contracts as obligations of the contract do not reflect the real intentions of the party. The chapter defines fraud as a statement, act, or omission which deceives another party to induce that party to act or refrain from acting in a particular manner, while duress is the illegitimate pressure that may lead a party to conclude a contract when it might not have otherwise done so.

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