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30 Nov 2025
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Understanding Vitiating Factors: Misrepresentations and Economic Duress
Demetra
@demetra_21
1 / 7
Vitiating Factors
Vitiating factors are your legal escape route from dodgy contracts. When these factors are present, courts can treat the contract as if it never existed - giving you a proper way out when things go wrong.
The main vitiating factors you need to know are misrepresentation and economic duress. Both can make contracts voidable, but they work in different ways and have specific requirements you'll need to understand.
Remember: Voidable doesn't mean automatically void - you'll still need to prove your case in court!
Understanding Misrepresentation
Misrepresentation happens when someone makes a false statement that influences your decision to enter a contract. It's basically when you're misled into signing something based on lies or half-truths.
A representation is simply a statement that influences your decision but doesn't become part of the actual contract. When this statement turns out to be false, you've got grounds for misrepresentation.
To prove misrepresentation, you need to show there was a false statement. This doesn't have to be spoken or written - even misleading photos count. In Spice Girls Ltd, the band appearing together in promotional photos was considered a false statement when they knew one member was leaving.
Generally, staying silent isn't considered a false statement. However, there are key exceptions: when circumstances change after a true statement (like profits falling), when you give a half-truth, or in relationships of trust like solicitor-client situations.
Key Point: Even truthful statements can become misrepresentations if circumstances change and you don't update the other party!
Types and Requirements of Misrepresentation
Not every false statement counts as misrepresentation - it must be a statement of material fact, not just opinion. However, if someone with authority or expertise gives an opinion, it might still count.
The statement must also have induced the other party to enter the contract. In Attwood v Small, there was no misrepresentation because the buyer relied on their own surveyor's report, not the seller's false statement.
There are three types of misrepresentation under the Misrepresentation Act 1967: innocent (genuinely believed on reasonable grounds), negligent (no good reason to believe it was true), and fraudulent (knew it was false).
The type affects your remedies. Innocent misrepresentation gets you rescission OR damages. Negligent and fraudulent misrepresentation can get you rescission AND/OR damages, with fraudulent offering the strongest protection.
Pro Tip: Consumer Protection Regulations 2014 give extra protection against misleading information in consumer contracts!
Bars to Rescission and Economic Duress
Rescission isn't always possible. Courts won't grant it if it's physically impossible to return things as they were, if you've affirmed the contract by continuing with it despite knowing about the misrepresentation, if there's been excessive delay, or if innocent third parties would be affected.
Economic duress is when someone forces you into a contract through financial threats. This wasn't recognised historically, but now it's a valid defence if you can prove serious financial threat and illegitimate pressure.
The threat must be serious enough to force you into the agreement. In Atlas v Kafco, refusing to transport goods to a main customer was considered serious enough to constitute economic duress.
The pressure must also be illegitimate - meaning unlawful threats or situations where you had no reasonable alternative. Normal commercial pressure usually won't count, but excessive or wrongful conduct might.
Watch Out: You need to act quickly with economic duress claims - delays can bar your right to restitution!
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This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
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Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
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Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
Understanding Vitiating Factors: Misrepresentations and Economic Duress
Demetra
@demetra_21
Ever wondered what happens when someone tricks you into a contract or forces you to sign under pressure? Vitiating factors are legal defences that can make contracts voidable, essentially meaning they never legally existed in the first place.
Vitiating Factors
Vitiating factors are your legal escape route from dodgy contracts. When these factors are present, courts can treat the contract as if it never existed - giving you a proper way out when things go wrong.
The main vitiating factors you need to know are misrepresentation and economic duress. Both can make contracts voidable, but they work in different ways and have specific requirements you'll need to understand.
Remember: Voidable doesn't mean automatically void - you'll still need to prove your case in court!
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Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Understanding Misrepresentation
Misrepresentation happens when someone makes a false statement that influences your decision to enter a contract. It's basically when you're misled into signing something based on lies or half-truths.
A representation is simply a statement that influences your decision but doesn't become part of the actual contract. When this statement turns out to be false, you've got grounds for misrepresentation.
To prove misrepresentation, you need to show there was a false statement. This doesn't have to be spoken or written - even misleading photos count. In Spice Girls Ltd, the band appearing together in promotional photos was considered a false statement when they knew one member was leaving.
Generally, staying silent isn't considered a false statement. However, there are key exceptions: when circumstances change after a true statement (like profits falling), when you give a half-truth, or in relationships of trust like solicitor-client situations.
Key Point: Even truthful statements can become misrepresentations if circumstances change and you don't update the other party!
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Access to all documents
Improve your grades
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Types and Requirements of Misrepresentation
Not every false statement counts as misrepresentation - it must be a statement of material fact, not just opinion. However, if someone with authority or expertise gives an opinion, it might still count.
The statement must also have induced the other party to enter the contract. In Attwood v Small, there was no misrepresentation because the buyer relied on their own surveyor's report, not the seller's false statement.
There are three types of misrepresentation under the Misrepresentation Act 1967: innocent (genuinely believed on reasonable grounds), negligent (no good reason to believe it was true), and fraudulent (knew it was false).
The type affects your remedies. Innocent misrepresentation gets you rescission OR damages. Negligent and fraudulent misrepresentation can get you rescission AND/OR damages, with fraudulent offering the strongest protection.
Pro Tip: Consumer Protection Regulations 2014 give extra protection against misleading information in consumer contracts!
Sign up to see the contentIt's free!
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Improve your grades
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Bars to Rescission and Economic Duress
Rescission isn't always possible. Courts won't grant it if it's physically impossible to return things as they were, if you've affirmed the contract by continuing with it despite knowing about the misrepresentation, if there's been excessive delay, or if innocent third parties would be affected.
Economic duress is when someone forces you into a contract through financial threats. This wasn't recognised historically, but now it's a valid defence if you can prove serious financial threat and illegitimate pressure.
The threat must be serious enough to force you into the agreement. In Atlas v Kafco, refusing to transport goods to a main customer was considered serious enough to constitute economic duress.
The pressure must also be illegitimate - meaning unlawful threats or situations where you had no reasonable alternative. Normal commercial pressure usually won't count, but excessive or wrongful conduct might.
Watch Out: You need to act quickly with economic duress claims - delays can bar your right to restitution!
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Sign up to see the contentIt's free!
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We thought you’d never ask...
What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
You can download the app from Google Play Store and Apple App Store.
Is Knowunity really free of charge?
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Students love us — and so will you.
4.9/5
App Store
4.8/5
Google Play
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user