Both parties approve the treaty of their own free will; The true agreement of a party is an essential element of a legally binding contract. Except in very limited circumstances, there can be no contract or agreement without consideration. A mere statement by an employer that a statement has been made is not sufficient to convince the Commission that the need to explain the terms of the agreement is fulfilled. In order to be satisfied, the Commission must take account of the content of the declaration and the manner in which it was made, taking into account all the circumstances and needs of the workers and the nature of the amendments made by the agreement. [1] The counterparty is the exchange of commitments by the parties or the agreement. It can be the payment of money, the delivery of equipment, the promise to do or perform a service or work, the promise not to take any action, nor to take or enforce the law. explain the importance of „lack of genuine consent“ in relation to a simple contract, incorrectly define and describe the key elements of misrepresentation, distinguish between fraudulent and innocent misrepresentation and identify the respective remedies for each compulsive defined, describe the key elements of coercion and identify the remedy for coercion, define an inadmissible influence, Describe the two types of inadmissible influence and identify the means of influencing in an inadmissible way define scruples, describe the key elements of scruples and identify the remedy against scruples Impact on the Contract Before starting our discussion, it is important to review the notions of incompatible and questionable contracts defined at the beginning of the contract conferences. Invalid contracts are those that have no legal effect and therefore cannot be enforced by judicial means. On the other hand, countervailable contracts include those which, if possible, may be revoked at the option of one of the parties on the ground that they have not actually approved the agreement.
Although the contract may have the basis for a valid offer, acceptance, legal intentions and against consideration, its validity or application may be influenced by a number of factors. The agreement can have a real agreement between the parties. In other words, although the parties have apparently reached an agreement, it may not have actually been reached due to fault, pressure, injustice or fear on the part of the parties concerned. A company agreement has actually been concluded by the employees covered by the agreement, if the Fair Work Commission is convinced that: For the purposes of this course, we focus on the topic „lack of genuine consent“ and in particular on the issues of misrepresentation (both innocent and fraudulent), undue influence, coercion and unscrupulous behaviour. . . .
