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Can contracts made under duress or undue influence be voided in Kenya?
Can contracts made under duress or undue influence be voided in Kenya?
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Maurice
said:
In Kenya, contracts made under duress or undue influence can be voided under certain circumstances. Duress refers to situations where a party is forced or coerced into the contract against their will. Undue Influence occurs when one party takes advantage of their dominant position or relationship to manipulate or control the decision-making of the other party. It's advisable to consult with a legal professional who is well-versed in Kenyan contract law to understand the specific legal requirements and processes for voiding contracts based on duress or undue influence.
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Raphael
said:
Contracts made under duress or undue influence can be voided. Under Kenyan law, a person who signs a lawful contract may not dispute their agreement to the terms it contains, unless they can establish some defenses which include misrepresentation, duress, fraud, undue influence. In addition to the above defenses, a contract is not valid if what was not signed was not understood to be a contract (non est factum).
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Winfred
said:
Duress is wrongful pressure exerted upon a person in order to coerce that person into a contract that he or she ordinarily wouldn't enter. Duress involves an intentional use of force or threat of force in order to induce the contract.
Undue influence is taking advantage of another person through a position of trust, in the formation of a contract. The exertion of force upon one party under duress as well as the use of undue influence by one party over another puts the free will of one of the parties entering the contracts in question, resulting to a voidable contract. Therefore, in Kenya, contracts under duress and undue influence are voidable.
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