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The failure to follow the rules for formation of a contract means no contract will come into existence. Even if it appears that a contract exists, it can have a defect that can affect the existence of what appears to be a contract. A contract that is ______ is deemed never to have existed. The contract is void and cannot be enforced against the parties.

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absolutely, relatively

Voidability of agreements without free consent. —When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.

What is a Voidable Contract ?

A voidable contract is a formal agreement between two parties that may be rendered unenforceable for any number of legal reasons, which may include: Failure by one or both parties to disclose a material fact. A mistake, misrepresentation, or fraud. Undue influence or duress.

  • A contract signed by misleading the other party. A contract signed by due to acts of fraud. Contract signed with someone when they were temporarily incapacitated.

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