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The painter's identity was a term of the contract, which could either be classified as a condition (breach of which allows termination of the contract) or a warranty (which allows damages only). Here the painter's identity was a condition, but after hanging it in one's house for five years it is far too late to reject the painting for breach of ...
Solle v Butcher [1950] 1 KB 671 is an English contract law case, concerning the right to have a contract declared voidable in equity. Denning LJ reaffirmed a class of "equitable mistakes" in his judgment, which enabled a claimant to avoid a contract.
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Corbin on Contracts was a leading American textbook on US contract law written by Arthur Linton Corbin.It was influential in the development of contract theory and practice in the 50 American states, and throughout the common law world.
Arthur Linton Corbin (October 17, 1874 – May 1, 1967) was an American lawyer and legal scholar who was a professor at Yale Law School.He contributed to the development of the philosophy of law known as legal realism [1] and wrote one of the most celebrated legal treatises of the 20th century, Corbin on Contracts.
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In that case, the contract would be void for the failure of the condition precedent, and parties would be restored to their original position. However, in a case where only one party has knowledge of the subject matter (such as the present circumstances), and the other simply relies on what the first party intimates, then there could be no ...