Vitiating factors in the law of contract

In English law, a vitiating factor in the common law of contract is a factor that can affect the validity of a contract. The concept has been adopted in other common law jurisdictions, including the USA.

A vitiating factor is one which spoils the contract, rendering it imperfect. The standard remedy is rescission, but damages may also be available. (By contrast, the standard remedy for breach of contract is damages, with repudiation available for serious breach only).^[1]^[2]

Notes

^ Hong Kong Fir Shipping v Kawasaki Kisen Kaisha 1961] EWCA Civ 7
^ The Mihalis Angelos

[1] Hong Kong Fir Shipping v Kawasaki Kisen Kaisha 1961] EWCA Civ 7

[2] The Mihalis Angelos

[1]

[2]

v t e English contract law
Formation	Agreement Consideration Promissory estoppel Creation of legal relations Certainty Privity
Contractual terms	Incorporation of terms Interpreting contracts Implied terms Good faith & fair dealing Unfair contract terms Penalties
Breach of contract	Measure of damages Remoteness Specific performance
Setting aside a contract	Capacity Iniquitous pressure Misrepresentation Mistake Frustration Undue influence
Other	History

See also

Notes