In some instances, the unfairness is so extreme that the contract is considered void, in other words, a court will declare that no contract was ever formed.
What are some of the reasons a court might refuse to enforce a contract? Capacity to Contract In order to be bound by a contract, a person must have the legal ability to form a contract in the first place, called capacity to contract.
The bars are immediate with grow to the exquisiteness, using and proper of dates.In addition to manifestation of assent, a party’s assent must be real; he or she must consent to the contract freely, with adequate knowledge, and must have capacity. If, for example, a supplier threatens to hold up shipment of necessary goods unless the buyer agrees to pay more than the contract price, this would not be duress if the buyer could purchase identical supplies from someone else. It does not matter that the person threatened is unusually timid or that a reasonable person would not have felt threatened.The requirement of real assent raises the following major questions: . The question is whether the threat in fact induced assent by the victim.There are a number of reasons why a court might not enforce a contract, called defenses to the contract, which are designed to protect people from unfairness in the bargaining process, or in the substance of the contract itself.If there is a valid defense to a contract, it may be voidable, meaning the party to the contract who was the victim of the unfairness may be able to cancel or revoke the contract.In order for an agreement to be considered a valid contract, one party must make an offer and the other party must accept it.