ABSTRACT

This chapter is concerned with the situations where a contract may be regarded as never having coming into existence, or may be brought to an end, as a result of a mistake by either or both of the parties. Although the overall theme is that of ‘mistake’ as will be seen, the situations which fall within this traditional categorisation are varied, and do not have any necessary conceptual unity. Moreover, they may have a considerable overlap or interaction with other areas of contract law – in particular, offer and acceptance, misrepresentation and frustration.1