Vitiating Factors

What Vitiating Factors covers

The things that undermine an apparently valid agreement.

The 2 subtopics

Each one has its own page.

• Economic duressRecall questions on what economic duress is, illegitimate threats and the lack of a practical alternative, the factors set out in Pao On v Lau Yiu Long, and rescission of a voidable contract and the bars to it.Open →
• MisrepresentationRecall questions on what counts as a misrepresentation, fraudulent misrepresentation under Derry v Peek, negligent misstatement under Hedley Byrne v Heller, sections 2(1) and 2(2) of the Misrepresentation Act 1967, innocent misrepresentation, and rescission and its bars.Open →

What you need to know

Answer each one before you reveal it.

Take Vitiating Factors further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• Misrepresentation vs Mistake

  Misrepresentation: a false statement of fact inducing the other party to contract. Mistake: an error about a fundamental matter that may render the contract void.

• Fraudulent misrepresentation vs Negligent misrepresentation

  Fraudulent misrepresentation: a false statement made knowingly or recklessly. Negligent misrepresentation: a false statement made carelessly without reasonable grounds for belief.

• Economic duress vs Undue influence

  Economic duress: illegitimate commercial pressure leaving the party no realistic alternative. Undue influence: the improper exploitation of a relationship of trust and confidence.

Questions from this topic

Each one with the model answer underneath.

1. 1

   What is economic duress?

   Model answer

   Economic duress occurs when illegitimate pressure is applied to a party to enter into a contract, typically involving threats to a person's economic interests rather than physical threats.

2. 2

   What distinguishes the nature of a threat in economic duress from ordinary commercial dealings?

   Model answer

   The threat must be illegitimate, meaning it goes beyond ordinary commercial pressure and involves conduct that the law regards as improper.

3. 3

   Under what circumstances can a threat to breach a contract amount to economic duress?

   Model answer

   A threat to breach a contract can constitute economic duress if it is made in bad faith and the threatened party has no practical alternative but to submit.

4. 4

   What must be shown regarding the consequences of the threat for a claim of economic duress to succeed?

   Model answer

   The consequences must be sufficiently serious that the victim had no realistic practical alternative but to submit to the demand.

5. 5

   Must the illegitimate threat be the sole reason the victim entered the contract for economic duress to be established?

   Model answer

   No, the victim must demonstrate that the threat was a significant cause of entering into the contract, but it need not be the only cause.

6. 6

   Which case established additional criteria for assessing economic duress beyond the basic requirements of threat and lack of practical alternative?

   Model answer

   Pao On v Lau Yiu Long.

What is inside Levo

Six ways to work the same material.

Vitiating Factors revision questions

What does Vitiating Factors cover in OCR A-Level Law?

2 subtopics: economic duress and misrepresentation. Each one has its own page with questions and model answers.

How is Vitiating Factors organised?

By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.