IRISH BUSINESS LAW
Contesting Contracts
There are as many reasons for contesting a contract as there are for making one. You should always contact a lawyer to find out if you have a case in contesting a contract. Below are a few reasons for contesting a contract.
- A contract made under threat or duress can be voided.
- Deception and falsification are defenses to a contract.
- Misrepresentation is an untrue declaration about a current or former pertinent detail depended on by one party to the contract. A misrepresentation is inferred as an unintentional misstatement of fact; meanwhile, fraud is the intentional misstatement of a fact. If there has been misrepresentation, the injured party is entitled to rescind the contract. In a fraud case, the person injured may not only rescind the contract, but can also sue for damages.
- Mistake happens when one or both parties believe a fact to be true when it is not.
- Lack of consideration is a defense because consideration is normally required for a contract to be enforceable.
In some contracts, the Statute of Frauds may be a defense. The Statute of Frauds demands particular types of contracts to be in writing. Contracts of the specified kind, ie, real estate transactions, that are not in writing cannot be enforced.
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