What does vitiate a contract mean?

A vitiating factor is one which spoils the contract, rendering it imperfect. The standard remedy is rescission, but damages may also be available.

What can vitiate consent?

Intelligence in consent is vitiated by error; freedom by violence, intimidation or undue influence; and spontaneity by fraud. Thus, a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable.

What does no vitiated mean?

vitiate \VISH-ee-ayt\ verb. 1 : to make faulty or defective : impair. 2 : to debase in moral or aesthetic status.

What does certain mean in law?

Ascertained; precise; identified; definitive; clearly known; unambiguous ; or, in law, capable of being identified or made known, without liability to mistake or ambiguity, from data already given.

What is a vitiating factor in business law?

These are factors which can cripple or invalidate the contract they are concerned with, such as misrepresentation, mistake, duress, undue influence, or illegality.

What are the circumstances which vitiate free consent?

A contract is voidable if it is made in the absence of a free will. So, in order to constitute a free consent, it should be kept in mind that the consent is not backed by coercion, undue influence, fraud, misrepresentation or mistake.

How can a contract of employment be vitiated?

There are five vitiating factors that undermine a contract: Misrepresentation, Mistake, Duress, Undue Influence and Illegality.

How do you use vitiate in a sentence?

Vitiate sentence example

1. A mistake of fact in some circumstances could vitiate the contract.
2. Duress to the individual negotiator would, however, vitiate the effect of his signature.

What is an example of certain?

An example of certain is when you are confident that you let the dogs in earlier. An example of certain is how you would identify someone without his name even though everyone knows who you are talking about. Having or showing confidence; assured. I’m certain I left my keys in this room.

Where can I use certain?

Certain sentence example

1. I feel certain of it.
2. I’m certain he doesn’t realize it, but he does put himself first.
3. We are certain about the results of this test, though.
4. She was equally certain that he would have loved them.
5. Glancing at the clock on her nightstand, she waited until certain her father had left then rose.

What is a vitiating factor example?

These include misrepresentation, mistake, duress, undue influence, unconscionable bargains, and illegality and public policy. Certain vitiating factors like mistake will render a contract void ab initio whilst others such as misrepresentation will render the contract merely voidable.