Mistakes in Contract Law
Mistakes in Contract Law

Author: Catharine MacMillan

Publisher: Bloomsbury Publishing

Published: 2010-01-15

Total Pages: 348

ISBN-13: 1847315534

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It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.

Mistake and Non-Disclosure of Fact
Mistake and Non-Disclosure of Fact

Author: H. G. Beale

Publisher: Oxford University Press

Published: 2012-08-23

Total Pages: 172

ISBN-13: 0199593884

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English law, unlike in Europe and in the US, seldom gives relief when a party to a contract finds that she has entered the contract under a serious mistake about the subject matter or the facts. This book argues that small businesses suffer as a result, and proposes possible solutions, including adopting the proposed Common European Sales Law.

Mistake and Misrepresentation
Mistake and Misrepresentation

Author: S. J. Stoljar

Publisher:

Published: 1968

Total Pages: 184

ISBN-13:

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Comment on legislation and analysis of jurisprudence concerning liability in respect of mistake in writing letters of contract in commercial affairs and real estate business, with particular reference to the UK and some reference to relevant administration of justice in Australia and the USA - covers mistake in good faith, misrepresentation, misdescription, fraud, deceit, negligence, mistake in gift, pecuniary liability, etc. References.

Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure

Author: John Cartwright

Publisher:

Published: 2016-12-02

Total Pages: 1024

ISBN-13: 9780414057036

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This book explains the doctrines of misrepresentation, mistake and non-disclosure as they affect the drafting and interpretation of contracts. It then analyses the consequences of each, as well as the remedies available to parties in each case