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The Proposal for a Common European Sales Law heralds a new stage in the process of creating a European Contract Law. As the CESL is designed as an optional instrument, it may only serve its function as a promoter of internal market transactions if it is attractive enough to lure contracting parties away from well-established domestic legal systems. It is against this yardstick that this paper considers Chapter 5 of the proposal which contains rules on ‘defects in consent’. It is argued that the analysed provisions fall short of the required standard as some essential questions remain unresolved while others are answered, though in an unconvincing manner. In particular, insufficient legislative guidance is provided to mitigate the risks for the reliability of contractual relationships that arise from the open-textured nature of the conditions under which contracts may be avoided.

Defects in Consent: An Assessment of Chapter Five of the Proposal for a Common European Sales Law