6 Interventions when consent defective

Even classical contract law recognises that it may not be just to enforce a contract if one party to it was in a weaker position, typically because when giving consent the party was not free or was misinformed. For example, a contract concluded as the result of mistake or fraud, or which was the result of duress or unfair exploitation, can be set aside by the aggrieved party. These grounds for invalidity are often explained in terms of justice but equally it can be said that they are designed to ensure that contractual freedom was genuine freedom; and in the DCFR, as in the laws of the Member States, they are grounds for the invalidity of a contract. Moreover, at least where the contract has been made only as the result of deliberate conduct by one party that infringed the other party's freedom or misled the other party, the right to set it aside should be inalienable, i. e. mandatory. The remedies given by the DCFR in cases of fraud and duress cannot be excluded or restricted.1. In contrast, remedies provided in cases of mistake and similar cases which do not involve deliberate wrongdoing may be excluded or restricted.2.