Frequently Asked Questions

How can a litigant challenge the legality of a contract and on what grounds can a contract be declared void or voidable?

What are the grounds for declaring a contract void or voidable? A contract can be declared void or voidable on several grounds. These include: The contract was formed under duress. The contract was formed under undue influence. The contract was formed under misrepresentation. The contract was formed under mistake. The contract was formed under illegality. The contract was formed under incapacity. A litigant can challenge the legality of a contract in a variety of ways. One of the ways is by questioning the legality of the contract on the basis that it does not adhere to the statute. This could be due to the absence of one or more of the essential elements of a contract such as agreement, consideration, intention to uphold the terms, legal eligibility, formalization, and legal purpose. Another way a litigant can challenge the legality of a contract is by arguing that the contract is contrary to public policy and thus should be declared void or voidable by the courts. This could be due to the contract being formed under duress, undue influence, misrepresentation, mistake, illegality, or incapacity.