Can You Legally Challenge A Contract You Signed?

The primary pillars of many personal, business, and legal relationships include contracts and form the basis of the different terms and conditions that are agreed to by both parties providing for frameworks of legal actions attached to the obligations. After the signing, the contracts are nearly binding; that is, the parties have to subscribe to the terms agreed upon. Although, in some circumstances, the parties involved may want to dispute or to nullify a contract that they have signed. But can you legally challenge a contract you signed?

What is a Contract?

A contract definition refers to an agreement of at least two parties, given orally or written, that renders a product or service to an individual or a business. That contract would be enforceable and valid on the parties if the consideration is exchanged. A contract is formed to provide protection to the parties when none of the parties fulfils his promises. If the contract is breached, it can be turned over to a court for enforcement. Contract law establishes and enforces a contract’s terms and will look for a remedy in the event that they are broken. Some types of terms required to make a contract legal are:

• Offer
• Acceptance
• Consideration
• Sufficient mental capacity
• Intent
• Object of the contract

Legal Grounds for Challenging a Contract

Lack of Mental Capacity

The ability to understand the nature and consequences of the agreement must be present in both parties for the contract to be enforceable. Therefore, if one of the parties lacked the mental ability to comprehend the terms of the agreement upon signing, she or he may have grounds for challenging the contract.

• Minors: Individuals under the age of 18 cannot enter into contracts that are binding other than for essential things or services, such as food or medical care.
• Mental Incapacity: If one party was intoxicated under the influence of drugs or alcohol, suffered from a mental disorder when entering into the contract, they might contend that they lacked capacity to enter into the contract.
• Intoxication: Where they were able to make the necessary showing of intoxication to such an extent as to render them unable to understand the terms of the contract, they may contest its enforceability.

Duress, Undue Influence or Coercion

A contract executed under duress, undue influence or coercion may be unenforceable. Duress means use of threats or physical pressure by one party which forces the other party to sign the agreement against his will. Undue influence is, on the other hand, where one party dominates the will of another, thus influencing the decision-making process.

• Physical Threats: One party threatens to harm the other or inflict injury unless he or she signs the contract.
• Financial Pressure: A person holding an authoritative financial position puts that party in danger of severe financial effects unless they sign the agreement.
• Emotional Pressure: A psychologic persuasion from a close family member or friend to sign a contract, especially with elderly individuals.

Fraud or Misrepresentation

If one side intentionally presents material facts in a false light or engages itself into fraudulent behaviour to entice the other side to sign a contract, it may be grounds for a challenge of that contract. Misrepresentation pertains to the giving of false or misleading information. Fraud, on the other hand, is commit when an individual purposely attempts to commit an act of fraud by deceiving others.

• Fraudulent Misrepresentation: Intendedly deceiving the other party to sign the contract.
• Innocent Misrepresentation: False statements made unknowingly but lead to the entering into the contract by the other party. 
• Negligent Misrepresentation: Carelessly providing false information or without reasonable verification.

Breach of Contract

This may happen in some instances when one of the parties will wish to contest a contract due to an earlier breach on the part of the other. Material breaches occur when a party acts in a manner, required by contract, that is not fulfilling the required particular duties, making it impossible to enforce the contract as written.

• Failure to Deliver Goods and Services: Goods and services are not provided as agreed upon in the contract. 
• Non-payment: A payment require from one party is not make.

Failure to Perform or Non-Performance

• If one party fails to render an obligation as per the contract, the other party would be entitle to void or challenge the contract. 
• Failure to perform can be excuse, under some circumstances, such as an act of God, or force majeure events (including natural disasters or pandemics).

How to Legally Challenge a Contract?

• Consultation with Lawyer: Understanding contradictory rights and options in contract law becomes the most important with professional legal advice. 
• Gather Evidence: Collect all documents, communications, and evidence that substantiate your claim of duress, misrepresentation, or some other legal grounds on which to challenge the contract.
• Negotiate or Mediate: Before you get into litigation, give negotiation or mediation a chance because it may assist in resolving the matter, particularly in business contracts.
• File a Suit: If the informal method does not help, a suit can be file to declare the contract void or to recover damages.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.