Vices of Consent
Explanation
This explanation aims to simplify concepts and does not constitute the literal legal text. Lebanese law addresses the defects of consent [les vices du consentement] that affect the validity of contracts. Consent is defective or non-existent if it is based on mistake, fraud, intimidation, gross lesion, or incapacity.
Regarding fraud [le dol], the law distinguishes between two types. Determining fraud is what induces a person to contract, and this type leads to the annulment of the contract. As for incidental fraud, it does not induce the contract but its effect is limited to altering the terms of the contract. In this case, the defrauded party is only entitled to claim damages.
As for fear [la violence], it does not vitiate consent unless it is the primary motive for contracting. To assess the impact of fear, the law requires considering the personality of the coerced person. This includes taking into account their age, sex, level of education, and social status.
Regarding lesion [la lésion], the general rule is that it does not vitiate consent. However, the law has established exceptions that make the contract voidable. The first exception is met if the aggrieved party is a minor.
The second exception relates to an adult. A contract is voidable due to lesion for an adult if two concurrent conditions are met. The first condition is that the lesion must be gross and abnormally excessive. The second condition is that the beneficiary intends to exploit the distress, levity, or inexperience of the aggrieved party. These conditions can also be applied to annul aleatory contracts.
Official legal articles
Think deeper
Why does the law assess fear using personal traits like age, sex, and education instead of one objective standard?
Flashcards
What are the cases where the law considers consent to be defective or completely non-existent?
These cases are mistake, fraud, intimidation, gross lesion, and incapacity (Article 202).
What is the legal effect of fraud if it is the determining factor for contracting?
It leads to the annulment of the contract.
What is the right of the defrauded party if the fraud is incidental and only leads to altering the terms of the contract?
They are only entitled to claim damages.
How does the judge determine the nature of fear and its impact on the coerced person?
By considering the personality of the coerced person, such as looking at their age, sex, level of education, and social status.
Does lesion vitiate the consent of the aggrieved party as a general rule?
No, lesion fundamentally does not vitiate the consent of the aggrieved party.
What are the two conditions for annulling a contract due to lesion if the aggrieved party is an adult?
The lesion must be gross and abnormal, and the beneficiary must have intended to exploit the distress, levity, or inexperience of the aggrieved party.
Practice questions
A person bought goods and discovered that the seller used fraud. It turned out that this fraud was not the primary motive for the purchase, but only led to modifying the price. What is the buyer entitled to?
Incidental fraud that alters contract terms without being the motive for its creation only allows the defrauded party to claim damages (Article 208).
A person was threatened to force them to sign a contract. To assess the impact of this threat, what must the judge consider?
The judge must consider the personality of the coerced person, such as their age, sex, education, and social status, to determine the impact of fear (Article 211).
A minor concluded a contract and suffered lesion in it. Can this contract be annulled?
The contract becomes voidable simply if the aggrieved party is a minor, without needing the extra conditions required for adults (Article 214).
An adult man sold his land for a very low price due to his desperate need for money, and the buyer knew of his financial distress and exploited it. Is the contract voidable?
The contract is voidable for an adult if the lesion is gross and abnormal, and the beneficiary intended to exploit the distress, levity, or inexperience of the aggrieved party (Article 214).
Can aleatory contracts be annulled due to lesion?
Aleatory contracts themselves can be annulled due to lesion to the extent specified in the legal conditions for annulment (Article 214).
Case problems
Samir bought a car from Jad. During negotiations, Jad lied about the quality of the car's sound system. It was later proven that Samir would have bought the car anyway because it fit his budget, but Jad's lie made him agree to pay a slightly higher price. Samir is now demanding the annulment of the contract due to fraud. Is he entitled to do so?
Model answer
Fraud does not negate the existence of consent but vitiates it and leads to the annulment of the contract only if it is the determining factor for it (Article 208).
In this case, the fraud regarding the sound system was not the determining factor for creating the contract, because Samir would have bought the car anyway.
This fraud is considered incidental fraud that only led to altering the terms of the contract, specifically increasing the price.
Therefore, Samir is not entitled to demand the annulment of the contract, but it only gives him a way to claim damages.
Self-grading rubric
Layla, an adult woman, went through severe financial distress. Her neighbor Fadi learned of her situation and offered to buy her jewelry for a price much lower than its actual value and in an abnormally excessive manner. Layla agreed under the pressure of need. After a while, Layla demanded the annulment of the contract due to lesion. Is her request justified?
Model answer
Lesion fundamentally does not vitiate the consent of the aggrieved party (Article 214).
However, the law establishes an exception for an adult that makes the contract voidable if two characteristics are met.
The first characteristic is that the lesion must be gross and abnormally excessive. In this case, the price is much lower than the actual value of the jewelry, which fulfills this condition.
The second characteristic is that the beneficiary intended to exploit the distress, levity, or inexperience of the aggrieved party. Fadi knew of Layla's financial distress and exploited it to buy the jewelry for a low price.
Since both conditions are met, Layla's request is justified and the contract becomes voidable.
Self-grading rubric
A man threatened an elderly, uneducated woman to force her to sign a contract waiving her rights. The woman signed the contract because she was afraid of the threat. Is her consent considered vitiated?
Model answer
Fear does not vitiate consent unless it is the inducing factor (Article 211).
In this case, the fear of the threat is what pushed the woman to sign the contract.
To determine the nature of fear and its impact, it is worth considering the personality of the coerced person, such as looking at their age, being a woman, and level of education.
Since the victim is an elderly, uneducated woman, the impact of the threat on her is significant and justifies her fear.
Therefore, fear is considered the determining factor, and her consent is vitiated and defective (Article 202 and Article 211).