Vitiation of Contractual Consent
Informa Law from Routledge – 2016 – 400 pages
Series: Lloyd's Commercial Law Library
Commercial litigators frequently need to assess whether a disputed contract is valid. This book provides practitioners with an invaluable reference tool, which will enable them to navigate the complex issue of vitiation of contract.
As litigators are aware, when contractual disputes arise, many types of vitiation listed will be argued together or as alternatives to one another. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Finally, the book considers related topics, remedies and the philosophical foundations of the law in this area.
The book will be an invaluable reference tool for lawyers involved in contractual disputes, especially those preparing a case dealing specifically with the factors vitiating contractual consent. It will also be a useful reference for academics and postgraduate students of commercial law.
1. Introduction: the importance of consensus to a binding contract 2. Types of vitiation 3. The vitiation of consent underlying non-contractual relationships 4. Remedies 5. The future of the law on vitiation of consent
Peter MacDonald Eggers QC is an established and highly respected silk at 7KBW. He regularly appears before the Commercial Court and the Court of Appeal and in commercial and international arbitrations. He has published widely and teaches at University College London.