Define: Avoidance Of Contract

Avoidance Of Contract
Avoidance Of Contract
What is the dictionary definition of Avoidance Of Contract?
Dictionary Definition of Avoidance Of Contract

Avoidance of contract refers to the legal principle that allows a party to a contract to declare it null and void, thereby releasing both parties from their obligations under the agreement. This can occur when certain conditions or circumstances arise that render the contract unenforceable or invalid. Such conditions may include fraud, misrepresentation, duress, mistake, illegality, or incapacity of one or both parties. Avoidance of contract provides a legal remedy for parties who have entered into a contract under unfair or deceptive circumstances, allowing them to escape the obligations and consequences of the agreement.

Full Definition Of Avoidance Of Contract

Avoidance of contract refers to the legal right of a party to terminate or cancel a contract due to certain specified reasons. This right is typically available when there has been a breach of contract by the other party or when certain conditions or circumstances render the contract unenforceable.

In cases of breach of contract, the non-breaching party may choose to avoid the contract and seek remedies such as damages or specific performance. The breach may be material, meaning that it goes to the core of the contract and substantially impairs the value of the agreement, or it may be minor, where the breach is not significant enough to justify termination.

Additionally, a contract may be avoided if it was entered into under duress, undue influence, fraud, misrepresentation, mistake, or if it is illegal or against public policy. These factors render the contract voidable, meaning that the innocent party has the option to either affirm or avoid the contract.

To exercise the right of avoidance, the innocent party must typically provide notice to the other party within a reasonable time frame. The innocent party may also be required to mitigate their damages by taking reasonable steps to minimise their losses.

It is important to note that the right of avoidance is subject to various legal requirements and limitations, which may vary depending on the jurisdiction and the specific circumstances of the case. Therefore, it is advisable to seek legal advice when considering the avoidance of a contract.

Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/avoidance-of-contract/
  • Modern Language Association (MLA):Avoidance Of Contract. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/avoidance-of-contract/.
  • Chicago Manual of Style (CMS):Avoidance Of Contract. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/avoidance-of-contract/ (accessed: May 09 2024).
  • American Psychological Association (APA):Avoidance Of Contract. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/avoidance-of-contract/
Avatar of DLS Solicitors
DLS Solicitors : Divorce Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts