Limitations of Must bring claim Either party, Limitation period has Obligations actions within statutory as a defence expired unenforceable in court period EFFECTS OF CONTESTING K K: How Effect Who uses For what reason Contract void No contract Both parties missing ingredient for (operation of formation law) common mistake non est factum some mistaken identities illegality (often) duress (historically) incapacity (sometimes) Contract voidable Contract undone Protected misrepresentation party duress undue influence unconscionability (sometimes) mistake (scope uncertain) incapacity (sometimes) Method How Why Severance Removing part of Illegality contract Unconscionability Treating as two to meet form requirements contracts to treat one k as terminated for breach or frustration to resolve privity problems Judicial adjustment of Assist in creating terms Difficult to tell what was in offer terms Set k Mistake in equity (if still good law) aside “on terms” Unconscionability Severance Reconstituting agreement after removing part Unenforceability of all or Court refuses to order illegality (practical effect) part of contract performance or give lack of consideration or seal remedy for Expired limitation period Incapacity (sometimes) Exclusion or limitation clause
Limitations of actions Must bring claim within statutory period Either party, as a defence Limitation period has expired Obligations unenforceable in court EFFECTS OF CONTESTING K K: How Effect Who uses For what reason Contract void No contract Both parties (operation of law) missing ingredient for formation common mistake non est factum some mistaken identities illegality (often) duress (historically) incapacity (sometimes) Contract voidable Contract undone Protected party misrepresentation duress undue influence unconscionability (sometimes) mistake (scope uncertain) incapacity (sometimes) Method How Why Severance Removing part of contract Illegality Unconscionability Treating as two contracts to meet form requirements to treat one k as terminated for breach or frustration to resolve privity problems Judicial adjustment of terms Assist in creating terms Difficult to tell what was in offer Set k aside “on terms” Mistake in equity (if still good law) Unconscionability Severance Reconstituting agreement after removing part Unenforceability of all or part of contract Court refuses to order performance or give remedy for illegality (practical effect) lack of consideration or seal Expired limitation period Incapacity (sometimes) Exclusion or limitation clause