The basis for the decision to contest a contract at the choice of one of the parties depends on factors such as coercion, misrepresentation, unlawful influence, etc. Since it is one of the parties of choice, the aggrieved party can decide whether or not to invalidate the contract. 4. Misrepresentation (section 18): “any part of an agreement, however innocent, is led to commit an error in the substance of the thing which is the subject of the agreement”. If you are participating in a business agreement, you must first determine whether the promise in question or the agreement in question is considered a binding contract under the law. While contracts usually involve promises to do something (or do nothing), not all promises are contracts. How does the law determine which contract promises are enforceable and which are not? This section provides for the invalidation of a contract without consideration, unless it is a gift made because of natural love and affection; It is a prescribed debt, or it is compensation for someone who voluntarily did something for the promiser. While an undefeated contract is often considered unfeasible, a contract may be considered questionable if the agreement is questionable, but the circumstances of the agreement are questionable. This includes agreements entered into where a party has withheld information or deliberately provided inaccurate information.
Failure to disclose things like the law or misplace information may make the contract countervailable, but does not automatically invalidate it. In cases where one party may terminate the contract due to unlawful or unfair (countervailable) acts of the other party, the contract or agreement is cancelled. A court will consider a number of factors in determining whether a contract is unscrupulous. If there is a gross inequality of bargaining power, so that the weaker party of the treaty has no wise choice on the terms and the resulting contract is unduly favorable to the stronger party, there may be a valid right to scruples. . . .