VICES OF CONSENT

1. Error or Mistake
It is an erroneous belief, at contracting, that certain facts are true. The mistake may be
unilateral when one party is mistaken about a material fact or bilateral when both parties are in
error.

Example:
A bought a dog from B. A was expecting that the dog’s breed was supposed to be a corgi.
However, B was actually selling a mini dachshund.

In this case, there had been a mistake in the identity of the dog’s breed.

2. Violence or Force
An external, serious or irresistible physical force exerted upon a person to prevent him
from doing something or to compel him to do an act.

Example:
A firmly hold the hand of B to sign the agreement to transfer the ownership of B’s house
to A.

3. Intimidation or Threat or Duress

An internal moral force operating in the will and inducing performance of an act.

Example:
C threaten D to burn his house if D will not sell a parcel of his land to C.

4. Undue Influence
Excessive persuasion that causes another person to act or refrain from acting by
overcoming that person's free will and results in inequity.

Example:
Cynthia and Eric are couple. Eric persuade Cynthia to buy him a motorcycle since he is
her boyfriend and they love each other.

5. Fraud
Use of insidious words or machinations in inducing another party to enter into the
contract, which without them, he would not have agreed.

Example:
A bought a gold necklace from B. When A brought and tested the necklace to a gold
expert it was discovered that it was fake.