The Search for an Internationalist Doctrine of Mistake. Lawyers from different countries each have their own understanding of the doctrine of mistake. [24]
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THE DOCTRINE OF MISTAKE The discovery of a mistake of fact, by one or more of the parties to a contract, may in certain circumstances enable the court to declare the contract to be ...
Unfortunately, there is no general doctrine of mistake - the rules are contained in a disparate group of cases. This is also an area of confusing terminology.
He recognised the developments in the equitable doctrine of mistake since Solle v Butcher. Significantly he said: It does not follow, however, that Bell v Lever Bros Ltd is no ...
Lord Justice Lloyd gave judgment in the High Court on 23 June 2005 in a case which raised issues on the principle in Re Hastings-Bass [1975] Ch 25 as well the doctrine of mistake.
[52] The doctrine of mistake of fact is so ingrained in our law that it can be seen as an implied term of the contract. This is even more true in the case at bar, as a clause of the ...
The court then held that the equitable doctrine of mistake applied in this instance. In so holding, the court relied on Egr v. Egr , 170 Or. 1, 131 P.2d 198 (1942) (holding that a ...