In
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
, a vitiating factor in the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
of
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
is a factor that can affect the validity of a contract. The concept has been adopted in other common law jurisdictions, including the USA.
A vitiating factor is one which spoils the contract, rendering it imperfect. The standard
remedy is
rescission
Rescission is the noun form of the verb "to rescind." It may refer to:
* Rescission (contract law)
* Rescission bill, a procedure to rescind previously appropriated funding in the United States
* A synonym for repeal in parliamentary procedure
* ...
, but
damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
may also be available. (By contrast, the standard remedy for breach of contract is damages, with
repudiation available for serious breach only).
['']The Mihalis Angelos
''Maredelanto Compania Naviera SA v Bergbau-Handel GmbH'' or ''The Mihalis Angelos'' 970EWCA Civ 4is an English contract law case, concerning breach of contract.
Facts
''The Mihalis Angelos'' was fixed to sail to Haiphong and there load a carg ...
''
See also
*
Good faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case ...
*
US contract law
Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, s ...
*
Duress in American law
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. '' Black's Law Dictionary'' (6th ed.) defines duress as "any unlawful threat or coe ...
*
German contract law German contract law is found in the Bürgerliches Gesetzbuch, in both the "Allgemeine Teil" and the chapter on "Schuldrecht". It forms part of the general law of obligations.
See also
*Abstraktionsprinzip
*Drittwirkung
Contract
A contract is ...
*
French contract law
French contract law is part of the law of obligations found in the '' Code Civil'' dealing with contracts.
Notes
See also
*English contract law
*US contract law
*German contract law German contract law is found in the Bürgerliches Gesetzbuch, ...
*
Principles of European Contract Law Arts 4:107, 4:116 and 4:117
*
Misleading or deceptive conduct
Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of law of Australia, Australian law.
Section 18 of the ''Australian Consumer Law'',''Competition and Consumer Act'' 2010 (CthSchedule 2, The Australian ...
*
Tort of deceit
The tort of deceit is a type of legal injury that occurs when a person intentionally and knowingly deceives another person into an action that damages them. Specifically, deceit requires that the tortfeasor
* makes a factual representation,
* kn ...
Notes
{{English contract law
English contract law