For a contract to be valid, consent must be intelligent, free, and voluntary. When consent is given but is flawed by a vice of consent, the contract is voidable (valid until annulled). There are five vices of consent. Mistake (error) must refer to the substance of the thing that is the object of the contract, or to those conditions that principally moved a party to enter into it; a mistake of law generally does not vitiate consent, and a mistake as to a party's identity or qualifications vitiates only when they were the principal cause. Violence is serious or irresistible force employed to wrest consent. Intimidation exists when one is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon their person, property, or that of a close relative. Undue influence is taking improper advantage of one's power over the will of another, depriving them of a reasonable freedom of choice. Fraud (dolo causante) exists when, through insidious words or machinations of one party, the other is induced to enter into a contract they would not otherwise have agreed to; incidental fraud (dolo incidente), which only affects the terms, gives rise to damages but not annulment. A contract vitiated by any of these can be annulled within four years, subject to ratification.
Consent Must Be Free
Consent must be intelligent, free, and voluntary. A vice of consent makes the contract voidable.
The Five Vices
- Mistake (error) — as to the substance or a principal condition;
- Violence — serious or irresistible force;
- Intimidation — a reasonable fear of an imminent, grave evil;
- Undue influence — improper advantage over another's will; and
- Fraud (dolo causante) — insidious words or machinations inducing the contract.
Causal vs. Incidental Fraud
Causal fraud (dolo causante) that induced the contract allows annulment. Incidental fraud (dolo incidente), affecting only the terms, gives damages but not annulment. The action to annul prescribes in four years, subject to ratification.
Practical Takeaways
- The five vices — mistake, violence, intimidation, undue influence, fraud — make a contract voidable;
- Only causal fraud allows annulment; incidental fraud gives damages;
- Annul within four years, subject to ratification.
Frequently Asked Questions
What are the vices of consent? Mistake, violence, intimidation, undue influence, and fraud. Each flaws the consent given and makes the contract voidable.
When does mistake vitiate consent? When it refers to the substance of the object of the contract or to those conditions that principally moved a party to enter into it. A mistake of law generally does not vitiate consent.
What is the difference between causal and incidental fraud? Causal fraud (dolo causante) induces a party to enter a contract they would not otherwise have agreed to, and allows annulment. Incidental fraud (dolo incidente) affects only the terms and gives rise to damages, not annulment.
How long do I have to annul a contract with vitiated consent? Four years, subject to ratification, which cures the defect. The period is generally counted from the time the vice ceased or was discovered.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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