Defenses in Contract Law • Part III: Fraudulent Misrepresentation (Fraud)

Although a valid contract may have been formed through offer, acceptance and consideration, it would still be possible for one party to raise a contractual defense. If successful, the defense will block enforcement of the contract.
It is however up to the parties to raise any defense that they believe apply. If they choose not to raise the defense or neglect to do so, then the contract remains valid and is enforceable. The court will not raise defenses for a party that might be entitled to it.
We look at four types of contract law defenses:
Mistake
Fraudulent misrepresentation
Undue influence
Duress
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