Private Law Theory

INTRODUCTION
This article examines error in the law of contract. For centuries it has been said to be one of the most complex parts of contract law. In the mid twentieth century the Scots law of error was described as being in a ‘state bordering on chaos’ and more recent judicial statements continue to recognise the difficulties. Given the problems with error it is rarely used as a basis to challenge the validity of a contract. As a result, few cases are heard in court and the law of error fails to develop, such that our understanding of the area remains limited. There has been some important academic commentary on the law of error. However, most of that discussion sought to challenge developments that had taken place, especially the influence of English law in this area, or to develop an underlying rationale for decisions that appear difficult to reconcile. Professor McBryde’s work in the early 2000s has played an important role in shaping our understanding of the modern law of error. It may be said that given the problems of simply understanding what the Scots law of error actually is most of the focus to date has been on that alone …

Lorna Richardson, Error in the law of contract: Shaping a doctrine fit for the 21st Century, Edinburgh Law Review (2024).