ABSTRACT

Misrepresentation, duress, undue influence and certain kinds of mistake (see Chapter 6) render a contract voidable.

Where a contract is voidable, the innocent party may take one of the following options: • Affirmation

The innocent party may, if it wishes, affirm the contract. • Avoidance of contract

Where the innocent party has not performed the contract, he may refuse to perform and rely on the misrepresentation as a defence.