validity of a contract

Misrepresentation is one of several vitiating factors that can affect the validity of a contract.

The lex loci arbitri is an element in the choice of law rules applied to cases testing the validity of a contract.

In the conflict of laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law" of the contract.

Partly on those grounds, Mrs. Whitehead is challenging the validity of a contract between her and William Stern, the baby's father, that stipulated that she surrender the child at birth.

This holds that any challenge to the validity of a contract with an arbitration clause must be heard by the arbitrator first, unless the challenge is to the arbitration clause itself.

Under German law, a violation of these duties by a managing director will not affect the validity of a contract with a third party, but the GmbH may hold the managing director in question liable for damages.

The Celtics asked a Federal Court in Boston yesterday to prevent Brian Shaw from playing another season for an Italian team after an arbitrator confirmed the validity of a contract signed by the guard with the Celtics over the winter.

Under Article 8, the material validity of a contract, or of any term in a contract, shall be determined by the law which would govern it under the Convention if the contract or term were valid (i.e. the putative Applicable Law).

A number of Australian cases have introduced the concept of acting "unconscionably" as a reason for overturning the validity of a contract: Commonwealth v Verwayen, or where one party is at a "special disadvantage": Commercial Bank of Australia Ltd v Amadio.

Prima Paint Corp. v. Flood & Conklin Mfg. Co. 388 U.S. 395 (1967): An arbitrator must decide the validity of a contract containing an arbitration provision unless the arbitration clause itself is being challenged, even in cases such as when the contract was allegedly fraudulently induced.