When both parties to a contract are incapacitated the contract is?
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In some circumstances, a contract can be nullified.In general, for a contract to be considered legally binding, it should fulfil four key characteristics:
Sometimes however, an action, an unforeseen event, or the revelation of new information can dramatically affect the validity or enforceability of a contract – in which case, the contract can be rendered void, or is considered voidable – thereby releasing the parties from their obligations in the contract. What’s the difference between a void contract, and a voidable contract?Simply put, if a contract is rendered void, it would be considered as though a contract was invalid from the moment it was created, and since it is invalid, neither party can be bound by the terms of the agreement. Generally, a contract may be void if there is insufficient consideration provided between the parties, or if the fourth characteristic of a valid contract is unfulfilled – i.e. not all parties have the capacity to enter into the contract. Some examples include:
On the other hand, a voidable contract is a valid contract (in that it fulfils the valid contract elements), and may be enforceable under certain conditions if both parties agree to continue with the contract. A voidable contract arises when one party rejects the contract for legal reasons, even though they had previously agreed to be bound by the terms of the contract. Some examples where a contract can be made voidable include situations where:
How is a ‘misrepresentation’ defined, and can I claim damages for it?Generally, a ‘misrepresentation’ takes place when one party to a contract makes a materially false statement of fact (as related to a past or present fact) to the other party in order to influence the latter to agree to enter into a contract. However, an exaggeration or vague statement in the nature of a ‘puff’ is not considered a ‘misrepresentation’. For instance, telling a prospective homebuyer that the apartment is free of bed lice, when it is not, can be considered a misrepresentation. While silence or non-disclosure of information is not necessarily considered a representation made by a party to a contract, if a party chooses to omit some information in order to distort the truth of the information that was disclosed, then such an action would be considered a misrepresentation. Failure to correct an earlier and continuing representation that may have been true earlier, but is now subsequently incorrect, can also be considered as a misrepresentation. For instance, telling a prospective homebuyer that the apartment has full utilities, even though the plumbing is extremely faulty is an example of distorting the truth of disclosed information. Similarly, if a homebuyer agrees to buy an apartment because you had earlier claimed that the apartment is already wired up for internet speeds of 1GB/sec, but you later find out that the apartment’s original owner had downgraded to dial-up internet speeds, yet you fail to tell the homebuyer subsequently, then you are liable for misrepresentation. If it has been established that a contract was induced by a misrepresentation, the other party can choose to either consider the contract voidable, or affirm the contract. If the contract is considered voidable, then both parties are released from their contractual obligations, and both parties are restored to their original positions prior to signing the contract. Otherwise, if the contract is affirmed, then the contract will still remain valid. In the event that you wish to claim damages for negligent misrepresentation, under Section 2 of the Misrepresentation Act, you only need to establish that you entered into a contract after relying on the other party’s misrepresentation – which will then place the burden of proof onto the other party to prove that he/she was not negligent since he/she had reasonable grounds for believing in the truth of the representation that they made, from the time the misrepresentation was made to the time the contract was entered into as a result of the misrepresentation. The extent of damages that may be claimed under Singapore law will depend on whether or not the damages incurred by the innocent party are too remote in nature; losses that are too remote are not recoverable. The general rule is that for a particular loss to be recoverable, a reasonable man, taking into consideration the state of knowledge of the misrepresenting party at the relevant time, must be able to foresee that a breach must necessarily result in that loss. However, what about the scenario where a taxi driver takes on board a passenger, who states that he would lose a million dollars if he does not reach the destination in time? It is clear that it would not be fair for the taxi driver to be liable for a sum of one million dollars. In this regard, the Singapore court has adopted a nuanced approach in considering the way the knowledge was brought to the defendant and whether the circumstances of the case were reasonable. Kennedy ChenKennedy is a lawyer who has sufficient experience to advise on all legal matters, and who seeks to add value to all who approach him. He understands that more than 70% of any business' or individual's legal requirements emanate from day-to-day legal commercial and regulatory compliance matters of a routine nature. Yet, it is the same routine matters that have to be urgently addressed in order for any business engine to remain relevant and competitive, and to surge towards creating and maximising value. https://www.linkedin.com/in/chenkjh/ More Posts Follow
Me: What is the status of a contract if one of the parties is incapacitated?Void Contracts – Causes
If one party is incompetent, they legally become unable to agree to a contract. This can include one of the people entering into the contract while being incapacitated or unable to make a proper judgment.
What is void and voidable contract?A void contract differs from a voidable contract because, while a void contract is one that was never legally valid to begin with (and will never be enforceable at any future point in time), voidable contracts may be legally enforceable once underlying contractual defects are corrected.
What's an example of a voidable contract?Voidable Contracts Examples
Some examples of contracts that are voidable are those that were entered under fraud, mistake, or duress or contracts entered into with minors or persons of unsound mind. Voidable contracts are legally binding on both parties until the innocent party seeks to rescind such contract.
What is meant by voidable?Definition of voidable
: capable of being voided specifically : capable of being adjudged void a voidable contract.
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