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Level 3 Diploma in Law

Vitiating Factors: Capacity, Illegality, Duress, and Undue Influence

LAW302 · Principles of Contract Law — Week 7 of 16

CourseLAW302
Week7 of 16
SemesterI
TutorOnline in the course chat

This week’s topics

Vitiating Factors: Capacity, Illegality, Duress, and Undue Influence

  1. Contractual capacity of minors and persons lacking mental capacity
  2. Contracts contrary to statute and common law public policy
  3. Elements of lawful and economic duress
  4. Presumed and actual undue influence and third-party protection
  5. Vitiating Factors in a Contract - SQE1 Contract Law Revision
  6. Duress and Undue Influence - SQE 1 Contract Law Revision
  7. Economic Duress | Contract Law

What you will be able to do

  • 3.4 Explain how lack of capacity, illegality and public policy may void a contract.
  • 3.5 Summarise how undue influence and duress may void a contract.

Activity

Start with this week’s 3 videos, then: Seminar, guided reading and a short written task: explain how lack of capacity, illegality and public policy may void a contract.

Study materials

Videos

  • Vitiating Factors in a Contract - SQE1 Contract Law Revision · YouTube · New to Law: Study Help · 12 min · for registered students
  • Duress and Undue Influence - SQE 1 Contract Law Revision · YouTube · New to Law: Study Help · 11 min · for registered students
  • Economic Duress | Contract Law · YouTube · The Law Academy · 11 min · for registered students

Further resources

  • Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 · PDF · Other, case law; 43 pages · for registered students
  • Mental Capacity Act 2005 Code of Practice · Reading · GOV.UK, guidance · for registered students
  • Business Law and the Legal Environment, ch. 10: Real Assent · PDF · Saylor Academy, textbook chapter; pp. 332–366 · for registered students
Materials marked “for registered students” open in the student portal, which is set up as soon as you receive final acceptance.
Week 6Midterm
Course chat

Admitted students ask questions on this week’s page in the student portal: an AI assistant trained on the course answers first, and during the course’s timetabled classes Connect to your tutor brings your tutor into the chat, who may start a call if needed.

Open this week in the portal
Course plan
  • Week 1: Formation of Contract: Offer and Acceptance
  • Week 2: Enforceability: Legal Intent and Enforcing Agreements
  • Week 3: Contractual Terms: Representations and Express Terms
  • Week 4: Classification of Terms and Implied Terms
  • Week 5: Exclusion Clauses and Statutory Controls
  • Week 6: Vitiating Factors: Misrepresentation and Mistake
  • Week 7: Vitiating Factors: Capacity, Illegality, Duress, and Undue …
  • Midterm: Midterm evaluation
  • Week 9: Discharge of Contract
  • Week 10: Breach of Contract
  • Week 11: Remedies for Breach of Contract
  • Week 12: Applying Principles of Contract Law in practice: case studi…
  • Week 13: Assignment workshop: research, planning and referencing
  • Week 14: Assignment workshop: drafting, feedback and improvement
  • Week 15: Review and coursework completion
  • Final: Final assessment and submission
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