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In contract law a mistake is incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement. Common law has identified three different types of mistake in contract: unilateral mistake, mutual mistake, and common mistake. Image File history File links Legal portal image File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...
A contract is any legally-enforceable promise or set of promises made between parties. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
Contract theory is the body of legal thought that investigates normative and conceptual problems in contract law. ...
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. ...
The mailbox rule or the postal acceptance rule is a term of common law contracts which determines when a contract has been formed where the parties are communicating via the mail. ...
In the law of contracts, the mirror image rule states that an offer must be accepted exactly without modifications. ...
In contract law, an invitation to treat is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer of their own. ...
(Note, Consideration under English law is dealt with separately) Consideration is a central concept in the common law of contracts. ...
Capacity is a legal term that refers to the ability of persons to make certain binding dispositions of their rights, such as entering into contracts, making gifts, or writing a valid will. ...
Duress in the context of contract law is a common law defence, and if you are successful in proving that the contract is vitiated by duress, you can rescind the contract, since it is then voidable. ...
Undue influence (as a term in jurisprudence) is an equitable doctrine that involves one person taking advantage of a position of power over another person. ...
In contract law, an illusory promise is one that courts will not enforce. ...
Statute of frauds - Wikipedia, the free encyclopedia /**/ @import /skins-1. ...
This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ...
The parol evidence rule enacts a principle of the law of contracts that presumes that a written contract emodies the complete agreement between the parties thereto. ...
An integration clause, in the contract law, is a term in the language of the contract that declares it to be the complete and final agreement between the parties. ...
Generally, misrepresentation is a refined term for lie. ...
Frustration of purpose is a term used in the law of contracts to describe a defense to an action for non-performance based on the occurance of an unforseen event which makes performance impossible or commercially impracticable. ...
Modal logic, or (less commonly) intensional logic is the branch of logic that deals with sentences that are qualified by modalities such as can, could, might, may, must, possibly, and necessarily, and others. ...
An illegal agreement, under the common law of contract, is one that the courts will not enforce because the purpose of the agreement is to achieve an illegal end. ...
Unconscionability is a term used in contract law to describe a defense against the enforcement of a contract based on the presence of terms unfair to one party. ...
Accord and satisfaction is the purchase of the release from a debt obligation. ...
An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ...
Delegation is a term used in the law of contracts to describe the act of giving another person the responsibility of carrying out the performance agreed to in a contract. ...
Novation, or its full title: Novation Electronic Music Systems, is an English company founded in 1992 and largely produces synthesizers. ...
A third party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been a party to the contract. ...
Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one of the parties to the contract by non-performance or interference with the other partys performance. ...
Anticipatory repudiation (or anticipatory breach) is a term in the law of contracts that describes a declaration by one party (the promissing party) to a contract that they do not intend to live up to their obligations under the contract. ...
Cover is a term used in the law of contracts to describe a remedy available to a merchant buyer who has received an anticipatory repudiation of a contract for the receipt of goods. ...
An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. ...
Fundamental breach, sometimes known as a repudiatory breach, is a breach so fundamental that it permits the aggrieved party to terminate performance of the contract, in addition to entitling that party to sue for damages. ...
Liquidated damages is a term use in the law of contracts to describe a contractual term which establishes damages to be paid to one party if the other party should breach the contract. ...
Penal damages are best seen as quantitatively excessive liquidated damages and are invalid under the common law. ...
In the law of remedies, a specific performance is a demand of a party to perform a specific act. ...
In cont, rescission (to rescind or set aside a contract) refers to the cancellation of the contract between the parties. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or moveable possessions) and in personal property, within the common law legal system. ...
In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ...
The law of evidence governs the use of testimony (eg. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
Unilateral mistake
A unilateral mistake is where only one party to a contract is mistaken as to the terms or subject-matter. The courts will uphold such a contract unless it was determined that the non-mistaken party was aware of the mistake and tried to take advantage of the mistake.
The leading case on unilateral mistake is Smith v. Hughes (1871). 1871 was a common year starting on Sunday (see link for calendar). ...
Mistake of identity It is also possible for a contract to be voidable if there was a mistake in the identity of the contracting party. In the leading English case of Lewis v Avery [1971] 3 All ER 907 Lord Denning held that the contract can only be avoided if the plaintiff can show, that at the time of agreement, the plaintiff believed the other party's identity was of vital importance. A mere mistaken belief as to the credibility of the other party is not sufficient. Alfred Thompson Denning, Baron Denning (23 January 1899–6 March 1999) was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales) and was generally well liked, both within the legal profession and outside it. ...
Mutual mistake A mutual mistake is when both parties of a contract are mistaken as to the terms. Each believe they are contracting to something different. The court usually tries to uphold such a mistake if a reasonable interpretation of the terms can be found.
The famous case of the Peerless ship is an example in the case of Raffles v. Wichelhaus, (1864) 2 Hurl. & C. 906. The defendant had made an order for the purchase of cotton for goods arriving on a certain boat Peerless from Bombay leaving in October. However a different boat arrived called Peerless, also from Bombay, but having left in December. The plaintiff merchant sought to enforce the contract for the sale of cotton, but the defendant refused stating that it was not the cotton that he had ordered. The court stated that reasonable meaning must be found. However, on the facts, there was no single reasonable interpretation of the terms, both parties were equally mistaken, thus the contract was void. Raffles v. ...
1864 was a leap year starting on Friday (see link for calendar). ...
Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ...
A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
Cotton is a soft fibre that grows around the seeds of the cotton plant, a shrub native to the tropical and subtropical regions of both the Old World and the New World. ...
This article or section should be merged with Mumbai Mumbai (previously known as Bombay) is the worlds most populous conurbation, and is the sixth most populous agglomeration in the world. ...
Common mistake A common mistake is where both parties hold the same mistaken belief of the facts.
The House of Lords case of Bell v. Lever Brothers Ltd. established that common mistake can only void a contract if the mistake of the subject-matter was sufficiently fundamental to render its identity different from what was contracted, making the performance of the contract impossible. This article is about the British House of Lords. ...
Bell v Lever Brothers Ltd. ...
Later in Solle v. Butcher, Lord Denning added requirements for common mistake in equity, which loosened the requirements to show common mistake. However, since that time the case has been heavily criticized in cases such as Great Peace. Alfred Thompson Denning, Baron Denning (23 January 1899–6 March 1999) was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales) and was generally well liked, both within the legal profession and outside it. ...
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