In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the ...
This analysis at least is based on a doctrine of mistake whereas the other two are simply application of the objective test to ascertain what was the contract made between the ...
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.
I think this one explains it best: "When online retailers make honest, good-faith pricing mistakes that result in huge losses to the benefit of opportunistic online ...
J Cartwright, 'Solle v Butcher and the Doctrine of Mistake in Contract' (1987) 103 LQR 594; P Matthews, 'A Note on Cooper v. Phibbs' (1989) 105 LQR 599
It places the risk of a total pre-contractual destruction of the subject matter firmly on the seller and leaves no room for the doctrine of mistake to vitiate the contract and the ...
Is There Actually A Doctrine Of Mistake At All notes, essays and other revision materials. We also stock notes on Contract Law as well as Law Notes generally. Why not see if ...