essential validity Flashcards
(5 cards)
1
Q
what are the 2 ways a contract is defective through consent
A
- consent has never been given
- an external vitiating factor makes consent defective
2
Q
what are the three types of invalidity
A
- void
- voidable
- unenforceable
3
Q
what is the authority for the fact that no rights can arise from a void contract
A
Morrison v Robertson
4
Q
what is the example for a contract being voidable through an issue with identity
A
- Macleod v kerr
- identity was not essential to the sale
5
Q
what are the requirements for rescission
A
- Macleod v kerr
- other contracting party is notified
- rescinding party must not be personally barred
- restitution in integrum must be possible
