p. 292. Agreement problems
- Jill Poole, Jill PooleFormerly Deputy Dean, Aston Business School, and Professor of Commercial Law, Aston University
- James DevenneyJames DevenneyHead of School and Professor of Transnational Commercial Law, School of Law, Reading University, UK and Visiting Full Professor, University College Dublin, Ireland
- and Adam Shaw-MellorsAdam Shaw-MellorsSenior Lecturer in Commercial Law and Director of Employability, Law School, Aston University, UK
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on issues which may prevent the parties from reaching agreement. Agreement problems generally affect the agreement by rendering it void. It is necessary, however, to distinguish a void contract from one which is merely voidable. If an apparent agreement is too uncertain in its terms (e.g. because it is vague or essential terms are missing), the courts will not enforce it because they will not construct a binding contract for the parties. An apparent agreement may be void where the parties entered into the agreement under a ‘fundamental’ mistake which the law recognizes as preventing the parties from ever reaching agreement.