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Part IV Validity, 19 Consequences of Mistake, Fraud, and Duress

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 June 2023

Subject(s):
Termination/unwinding of contract — Damages and contract — Breach of contract
19.01 The consequences of mistake, fraud, and duress are considered together because the principal remedy is identical—the ‘victim’s’ right to render the contract (or in some cases the contract term) void ab initio. There are however differences in relation to the availability of a claim for damages. 19.02 It might also be said that mistake, fraud, and duress can additionally be distinguished from the other topics discussed in this part of this text insofar as they are considered to directly impact the true will of a party. This statement is subject to two...
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