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By Andrew Burrows

Restatement of the English legislations of agreement

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Extra resources for A restatement of the English law of contract

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There is a special rule applicable to a contract of compromise made by an individual while lacking mental capacity according to which the contract is voidable if, at the time of entering into it, he or she did not have a litigation friend (that is, an individual permitted to act in court proceedings on behalf of an individual who lacks capacity). 34 OUP CORRECTED PROOF – FINAL, 19/12/2015, SPi A Restatement of the English Law of Contract (6) By reason of section 39 of the Companies Act 2006, a contract with a noncharitable company is not void or otherwise defective on the ground that the company is acting outside the powers in its constitution.

It further follows from this primary concern with the common law that the law as set out in this Restatement is subject to any legislative provision, or provision of EU law, to the contrary. It is also usefully explained here that, although one might regard this as part of the general law of contract, the English private international law of contract has been excluded from this Restatement. This is for three main reasons. First, if there is to be a Restatement of that area of law, it is more coherently dealt with as part of a Restatement of English private international law generally.

4) A mistake in entering the contract renders the contract void (or, to put it another way, there is no acceptance of an offer and hence no contract) if— (a) the parties are at cross-purposes such that there is a central objective ambiguity as to what has been agreed; or (b) one party is mistaken and— (i) the other party knows, or ought reasonably to know, of that mistake; 28 OUP CORRECTED PROOF – FINAL, 19/12/2015, SPi A Restatement of the English Law of Contract (ii) the mistake is as to the terms of the contract or as to the identity of the other party; and (iii) it is the mistaken party who is alleging that the contract is void.

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