Vitiating factors
Contract Law

An essential element of a validly formed contract is that agreement has reached by the parties to the contract. The law recognises situations where the agreement of the parties has been interfered with in a fundamental sense, and as such provides bases on which to claim that no agreement has been reached. These legal bases that interfere with the agreement are known as vitiating factors, and render a contract voidable at the option of the innocent person and they may rescind the contract. The affected party may also elect affirm the contract, and in fact should be cautious not to do so if that is not their intention.

The vitiating factors or elements are misrepresentation, duress, undue influence and certain forms of mistake.