Consensus: Contract and Innocent Party
Consensus is a subjective agreement by two parties to make a contract. Improperly consensus is when a contract has been obtained in a manner in which in the eyes of the law is improper. This contract is regarded as voidable meaning that one of the parties who is innocent has a choice whether or not to have the contract declared void. If the innocent party chooses to uphold the contract it is entirely valid and may be enforced like any other contract. However if the party chooses to set the contract aside the contract is valid.
The distinction between improperly obtained consensus and absence of consensus is that with improperly obtained consensus an agreement to make a contract would have been reached in an improper way although there is consensus. The agreement is a valid one provided that the other elements necessary to constitute a contract are present. However since the contract has been obtained by improper means it is voidable at the instance of the innocent party. On the other hand absence of consensus means that there is lack of subjective consensus or parties to a contract are in disagreement. Mistake is an element that shows that indeed there was a dissensus. It is a situation where a contracting party acts while under an incorrect impression regarding some other fact that relates to and affects the contract between the parties.
Firstly l shall deal with contracts obtained by improper means and these contracts are considered to be voidable. Voidable contracts are contracts which on the face of it meet all the essential requirements of a valid contract but the agreement of one of the parties to the contract would have been induced by an impropriety attributable to one of the parties to the agreement. There are specific categories of improperly obtained consensus which are misrepresentation,duress and undue influence.
Misrepresentation is a pre-contractual statement or conduct which creates a false impression in the mind of a contractual party and which
The distinction between improperly obtained consensus and absence of consensus is that with improperly obtained consensus an agreement to make a contract would have been reached in an improper way although there is consensus. The agreement is a valid one provided that the other elements necessary to constitute a contract are present. However since the contract has been obtained by improper means it is voidable at the instance of the innocent party. On the other hand absence of consensus means that there is lack of subjective consensus or parties to a contract are in disagreement. Mistake is an element that shows that indeed there was a dissensus. It is a situation where a contracting party acts while under an incorrect impression regarding some other fact that relates to and affects the contract between the parties.
Firstly l shall deal with contracts obtained by improper means and these contracts are considered to be voidable. Voidable contracts are contracts which on the face of it meet all the essential requirements of a valid contract but the agreement of one of the parties to the contract would have been induced by an impropriety attributable to one of the parties to the agreement. There are specific categories of improperly obtained consensus which are misrepresentation,duress and undue influence.
Misrepresentation is a pre-contractual statement or conduct which creates a false impression in the mind of a contractual party and which