Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.
• Proposes a new theory that allows students, academics and practitioners to understand the vital link between different legal rules • Blends a practical and theoretical approach, thereby helping readers without an extensive understanding of the relevant rules to engage with the theoretical arguments • Comparative analysis allows readers to compare the English approach to that under significant statements of cross-jurisdictional contractual principles
Contents
1. Introduction; 2. Mental incapacity; 3. Non est factum in English law; 4. Common mistake in English law; 5. Mistake as to identity in English law; 6. Mistake as to terms in English law; 7. Mutual mistake in English law; 8. Mistake under the PICC, PECL, DCFR and US Restatement (Second) of Contracts; 9. Misrepresentation; 10. Duress; 11. Undue influence; 12. Unconscionability; 13. Undue influence and unconscionability under the PICC, PECL and DCFR; 14. Conclusion.
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