By Andrew Burrows
Restatement of the English legislations of agreement
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Additional resources for A restatement of the English law of contract
3) A voidable contract is one that the party affected by the factor rendering the contract voidable (the ‘claimant’) can choose to rescind but is valid unless rescinded; and the effect of rescission is to invalidate the contract from the start. (4) Rescission does not require an order of the court and is effected— (a) by the claimant informing the other contracting party that the contract is rescinded; or (b) where that is impossible, by the claimant making clear through any other act that the contract is rescinded.
4) A relationship of inﬂuence— (a) is to be treated as existing in certain relationships (for example, parent and young child, solicitor and client, doctor and patient, and spiritual adviser and follower), but (b) otherwise must be proved on the facts. (5) It is for the defendant to rebut the presumption mentioned in subsection (3) by proving that the claimant exercised free and independent judgement; and an obvious way for the defendant to try to prove this is by showing that the claimant obtained the fully informed and competent independent advice of a qualiﬁed person, such as a solicitor or other legal adviser.
It further follows from this primary concern with the common law that the law as set out in this Restatement is subject to any legislative provision, or provision of EU law, to the contrary. It is also usefully explained here that, although one might regard this as part of the general law of contract, the English private international law of contract has been excluded from this Restatement. This is for three main reasons. First, if there is to be a Restatement of that area of law, it is more coherently dealt with as part of a Restatement of English private international law generally.