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Mistake of law is when a party enters into a contract without the knowledge of the law in the country. The contract is affected by such mistakes, but it is not void. The reason here is that ignorance of law is not an excuse. However, if a party is induced to enter into a contract by the mistake of law then such a contract is not valid. [3]
Furthermore, because rescission is supposed to be imposed mutually upon both sides to a contract, the party seeking rescission normally must offer to give back all benefits he or she has received under the contract (an "offer of tender"). The US state of Virginia uses the term "cancellation" for equitable rescission. Furthermore, a minority of ...
By contrast, in Leaf v International Galleries, [61] where a gallery sold painting after wrongly saying it was a Constable, Lord Denning held that while there was neither breach of contract nor operative mistake, there was a misrepresentation; but, five years having passed, the buyer's right to rescind had lapsed. This suggests that, having ...
An offer can only be accepted by the offeree, that is, the person to whom the offer is made. An offeree is not usually bound if another person accepts the offer on their behalf without his authorization, the exceptions to which are found in the law of agency, where an agent may have apparent or ostensible authority, or the usual authority of an ...
Rectification is available if the parties intended to give effect to the whole of an antecedent agreement in the written contract and, by common mistake, they failed to do so. [3] However, the existence of an antecedent agreement is not essential to the grant of relief by way of rectification. [ 3 ]
We all want to use words in a way that makes us sound professional, but caring too much about words can lead some of us to fall into an easy trap.
Write the correction above the crossed-out mistake. Make sure to keep the writing small, easy to read and neat, so as to not write over other parts of the check or make it hard to see.
The law of mistake comprises a group of separate rules in English contract law. If the law deems a mistake to be sufficiently grave, then a contract entered into on the grounds of the mistake may be void. A mistake is an incorrect understanding by one or more parties to a contract. There are essentially three types of mistakes in contract: