Ad
related to: mistake in contract law- Legal Center
Learn About Various Practice Areas
Of Law & Receive Hundreds Of Tips.
- About Us
LegalMatch Is America's Original
Attorney/Client Matching Service.
- Find A Lawyer
Select a Legal Category To
Search For the Right Attorney Now!
- Law Library
Read the Information To Know About
Our Online Law Library.
- Legal Center
Search results
Results from the WOW.Com Content Network
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] For example, Harjoth and Danny make a contract grounded on the erroneous belief that a particular debt is ...
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:
Raffles v Wichelhaus [1864] EWHC Exch J19, often called "The Peerless" case, is a leading case on mutual mistake in English contract law.The case established that where there is latent ambiguity as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it.
The case has been seen as an example of how a contract will be unenforceable if there is a mistake by both parties about the possibility, in law, to perform a contract. This doctrine of mistake in equity was expanded upon by Denning LJ in Solle v Butcher, which emphasised that mistakes in equity would render a contract voidable (at the instance ...
Hartog v Colin & Shields [1939] 3 All ER 566 is an important English contract law case regarding unilateral mistake.It holds that when it is obvious that someone has made a mistake in the terms of an offer, one may not simply "snap up" the offer and be able to enforce the agreement.
Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887), [1] was a case that has played an important role in the evolution of American contract law involving the doctrine of mutual mistake. One of the main issues in the case was whether the remedy of rescission is available if both parties to a contract share a misunderstanding about an essential fact. [2]
Cundy v Lindsay (1877–78) LR 3 App Cas 459 is an English contract law case on the subject of mistake, introducing the concept that contracts could be automatically void for mistake as to identity, where it is of crucial importance. [1]
Tamplin v James (1880) 15 Ch D 215 is an English contract law case concerning the availability of specific performance for a breach of contract induced by mistake.The case established that if a person enters a contract under a mistake that was not induced by the other party to the contract, specific performance may be awarded against the person if no hardship amounting to clear injustice would ...
Ad
related to: mistake in contract law