An Examination of Contract Validity in Common Law: Case Law Insights on capacity, consent, and legality

MA. Ly Vuong Khanh –  University of Law, Vietnam National University, Hanoi

Abstract:

This article delves into the factors impacting the validity of contracts within the common law framework, focusing on three critical aspects: capacity, genuine consent, and legality. Through an in-depth analysis of case law, the paper elucidates how judicial decisions shape the interpretation and enforcement of these principles, ensuring that contracts are equitable and legally binding. The research emphasizes the protective measures embedded in common law to safeguard vulnerable parties, such as minors, individuals with mental incapacity, or those subjected to duress and undue influence. By examining pivotal cases within the Common Law system, this study demonstrates how courts adjudicate disputes over contract voidability and enforceability, effectively balancing individual rights with societal values. The findings highlight the enduring relevance of Common Law principles in adapting to complex legal challenges while preserving contractual integrity. This analysis aims to provide both academic and practical insights into the mechanisms through which case law reinforces the foundational doctrines of contract validity.

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Keywords: Contract, contract validity, legal capacity, genuine consent, legality, contract voidability.