Vitiation of Contracts
International Contractual Principles and English Law

Proposes a theoretical link between general vitiating factors in English law and compares this with international statements of contractual principle.

Gareth Spark (Author)

9781107031784, Cambridge University Press

Hardback, published 3 January 2013

350 pages
23.6 x 15.7 x 2.3 cm, 0.65 kg

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.

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.

Subject Areas: Contract law [LNCJ], Legal system: general [LNA], Laws of Specific jurisdictions [LN], Comparative law [LAM]