ABSTRACT
The English law of contract is reluctant to grant relief against the consequences of mistaken assumptions in the formation of contracts. In contrast to other vitiating factors like misrepresentation, duress, undue influence and unconscionable dealing,1 the party seeking relief from the mistake is not clearly the victim of the other’s wrongdoing.2 The hesitant attitude towards mistake in contract law may also reflect a perception that the party seeking relief is at fault in making the mistake and that the risk of misassumptions grounding the request for relief should be allocated to that party.3 It may also be due to the stark consequences of a finding that mistake has vitiated the contract. In English law at least the effect of mistake is to make the contract void so that remedial flexibility to mitigate the dire consequences of unscrambling the contract is extremely limited.
