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For a mistake to affect the validity of a contractit must be an "operative mistake", ie, a mistakewhich operates to make the contract void

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Dahlia Miller

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2y ago

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Is contract by a non parent to financially support a child enforceable?

It depends on the validity of the contract. If it meets the requirements of a valid contract then it's enforceable.


Will a court will review a contract for validity even if it contains an arbitration clause?

NO


What are the limitations of a valid contract?

the validity ensures that no flexibility can be introduced later


What are the differences between validity and reliability?

validity is whether the results are valid so the data has no mistakes of as such in it whereas reliability is the dependability; when the results you have are accurate and are of enough quality.


What is the effects of mistake on validity of contract?

If a mistake is made in terms of identity (and it is material) or in terms of the subject matter of the contract then no contract is created. If a mistake is made about the existence of the subject matter or if the contract is frustrated the contract becomes impossible to perform.


How does a vitiating factors affect the validity of a contract?

Vitiating factors, such as misrepresentation, fraud, undue influence, or duress, undermine the validity of a contract by impairing the genuine consent of the parties involved. When a vitiating factor is present, it can render a contract voidable, allowing the affected party to rescind the agreement or seek damages. These factors disrupt the essential elements of a valid contract, such as mutual consent and capacity, leading to legal consequences that can invalidate the contractual obligations. Thus, contracts affected by vitiating factors may lack enforceability in a court of law.


What following decisions strengthened the validity of a contract or charter?

Dartmouth College vs. Woodward


What matters affects the validity of the contracts?

Key factors that affect the validity of a contract include mutual assent (offer and acceptance), consideration (exchange of value), capacity (parties must be mentally competent and of legal age), legality (must not violate laws or public policy), and proper form (some contracts require written documentation).


If a will is defaced on the cover does this affect its validity?

Defacing a will can raise concerns about tampering or alterations, potentially affecting its validity. It's best to consult with legal professionals to assess the impact of the defacement on the will's validity.


What criteria must be met to determine the validity of a real estate contract?

To determine the validity of a real estate contract, certain criteria must be met, including: mutual agreement between parties, legal capacity to enter into a contract, a clear description of the property and terms, consideration (usually money), and compliance with any legal requirements such as signatures and witnesses.


Does mistake invalidate contracts?

For a mistake to affect the validity of a contract it must be an "operative mistake", i.e., a mistake which operates to make the contract void. The effect of a mistake is: At common law, when the mistake is operative the contract is usually void ab initio, i.e., from the beginning. Therefore, no property will pass under it and no obligations can arise under it. Even if the contract is valid at common law, in equity the contract may be voidable on the ground of mistake. Property will pass and obligations will arise unless or until the contract is avoided. However, the right to rescission may be lost. Unfortunately, there is no general doctrine of mistake - the rules are contained in a disparate group of cases. This is also an area of confusing terminology. No two authorities seem to agree on a common classification, and often the same terminology is used to cover different forms of mistake.


Is a contract null and void if the law changes?

If the laws materially affect the contract, yes. If the affect is minor, it would not void the contract, but may require some renegotiation.