What Does Absence Of An Agreement Mean

In some situations, however, equity may intervene and make the contract either voidable or void. [194] [195] [6] [196] The rule in Yerkey v. Jones[135] and the principles of non-is factum,[130] misrepresentation[27],[88][197],[198],[199],[200] and special discrimination. [57] [201] are some of the situations in which equity may intervene and render the contract voidable or void. [27] [202] [200] [203] [204] A defence of principle in Yerkey v. Jones[135] is that the “wife`s guarantee” does not apply if the creditor can demonstrate that he or she took reasonable steps to ensure that he or she had reasonable grounds to believe that consent was obtained fairly. Since a quasi-contractual claim does not pre-approve the government, it would fail because of the doctrine of sovereign immunity.