Lack of mutual assent as a condition for recognizing a contract as voidable in modern English contract law

Kozlov A. G.

This article analyzes in detail the lack of mutual assent of the parties as a factor of invalidity of the transaction in English contract law. The author identifies three main forms of the lack of mutual assent of the parties to the contract: 1) mistakes as to contractual realities; 2) misrepresentation; 3) exercise of duress and undue influence on the counteragent. The article describes each of the above forms, citing specific examples from the court practice of the United Kingdom. The conclusion is made about the influence of the fundamental principles of English contract law on the understanding of the lack of mutual assent as a concept.

Keywords:English contract law, lack of mutual assent, mistake, contractual realities, misrepresentation, duress, undue influence, counteragent.