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A contractual defect is a defect in one of the elements of a valid contract. In some cases the contractual defect will render the contract void ab initio (from the beginning) and in some other cases the contract can be voidable.

The reasons for a contractual defect can be one of the following:

  1. Misrepresentation;
  2. Duress;
  3. Undue Influence;
  4. Unconscionability;
  5. Mistake;