The court considered: ‘The effect of error on the validity of a contract is one of the most uncertain areas in our private law. This is the result of a tension between two fundamental principles. Firstly, a contract is constituted by the agreement of the parties to it. It is based on mutual consent. Secondly, however, one party is entitled to hold the other to what he has said, even if he did not mean it. ‘When all the external indicia of agreement are present the fact of agreement will, as a general rule, be assumed’.’
Judges:
Lord Malcolm
Citations:
[2013] ScotCS CSPH – 26
Links:
Scotland, Contract
Updated: 14 November 2022; Ref: scu.470961