Vitiation of Contracts International Contractual Principles and English Law

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.

Gareth Spark is a Lecturer in Property Law at the University of East Anglia.