Trusted by millions of Kenyans
LoginRegister
Study resources on Kenyaplex

Get ready-made curriculum aligned revision materials

Exam papers, notes, holiday assignments and topical questions – all aligned to the Kenyan curriculum.

Browse exam papers
Or go directly to:
Class notes Holiday assignments Topical questions Other resources

Factors that affect validity of a contract

Factors that affect validity of a contract

Answers

Jennifer
A contract is a legal document that explains an agreement between two or more parties.
There are several factors that may affect the validity of a contract namely;
1.Misrepresentation/ fraud-This is a false statement of fact or law which induces the other party to enter into the agreement.Fraud on the other hand is termed as an intentional misstatement or omission of fact by one party designed to induce the other party to give consent.The occurrence of either can make a contract voidable.

2.Mistakes.This can be divided to either Common or mutual mistakes.Any party that signs a contract mistakenly may plead to escape performance of the agreement and have the contract set aside if its proven that there was a radical difference in what was signed and what the party thought was signing.

3.Undue Influence - This affects consent when a party in trust position uses his/her position to gain an advantage over another person.It may be actual or presumed.Undue influence can occur in business,family and legal relationships.

4.Illegality.A contract is a legal document therefore any illegal contracts are unenforceable.For instance a contract tending to corruption in public life,prejudicial to the administration of justice,promoting sexual immorality are termed as illegal.

5.Duress.Any party entering to a contract must enter willingly and if it is to be enforceable however there are situations where this may be in question.

6.The mirror Image Rule.This rule states that an offer and its acceptance must match exactly.This is usually evident in real estate contracts.
Ms kim answered the question on November 15, 2018 at 12:57

Answer Attachments

Next: Which organelle is most abundant in white blood cell?

Previous: (a) What is artificial intelligence as used in computer? (b) State and describe any three areas of artificial intelligence.

View more Law Questions and Answers  |  Return to Questions Index

Exams With Marking Schemes

Related Questions