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An agreement concluded under the influence of a defect of will is voidable. The law recognizes four defects of will: coercion, fraud, abuse of circumstances, and error. If this is the case, there was a lack of free, proper formation of will, and you may challenge the agreement.
Meeting of minds is the basis
An agreement is formed through offer and acceptance, including orally. The basic condition is meeting of minds: both parties want the same thing. If that will is not freely formed or is formed on incorrect grounds, there is a defect of will and the agreement can be annulled.
Threat and deception
In the case of coercion, a person is induced to enter into an agreement by unlawful pressure (Article 3:44 of the Dutch Civil Code). In the case of fraud, a person is deliberately misled, for example by providing incorrect information or concealing what they ought to have known. In both cases, the will is not free or properly formed, and the agreement is voidable.
Abuse of circumstances
In the case of abuse of circumstances (Article 3:44 of the Dutch Civil Code), someone exploits a special situation of the other party — such as a state of necessity, dependence, or inexperience — to bring about an agreement that the other party would not otherwise have entered into. This also affects the agreement.
Error
In the case of error (Article 6:228 of the Dutch Civil Code), a party enters into an agreement based on a false representation of facts, for example because the other party provided incorrect information or breached a duty of disclosure. If a claim based on error is successful, the agreement is voidable or can be modified.
Frequently Asked Questions
What are the four defects of will?
Threat, deception, abuse of circumstances, and error. In each case, free or proper formation of will was lacking.
What happens in the event of a defect of will?
The agreement is voidable: you can challenge it. In the event of error, the judge can sometimes also modify the agreement.
How do I prove a defect of will?
With facts and evidence of the threat, fraud, abuse, or misrepresentation. Seek advice on this matter.
Challenge an agreement or defend yourself?
Our legal experts assess whether a defect of will is involved and draft your contracts . View our contract lawteam or schedule a free consultation.
