Mistakes Can Be Mistakes of Which Allow a Contract to Be Voided or Mistakes of Which Do Not.
journal article
Singapore Journal of Legal Studies
Published By: National University of Singapore (Kinesthesia of Law)
https://world wide web. jstor .org/stable/24870526
English language Contract Constabulary has long struggled to understand the effect of a fundamental common mistake in contract formation. Bell v. Lever Brothers Ltd. [1932] A.C. 161 recognises that a common mistake which totally undermines a contract renders information technology void. Solle v. Butcher [1950] ane K.B. 671 recognises a doctrine of 'mistake in equity' nether which a serious common mistake in contract germination falling short of totally undermining the contract could give an adversely affected political party the right to rescind the contract. This commodity accepts that the enormous difficulty in differentiating these two kinds of error justifies the insistence by the Court of Appeal in The Dandy Peace [2003] Q.B. 679 that there tin can be simply one doctrine of mutual mistake. However, the article gain to argue that where the run a risk of the commonly mistaken affair is not allocated by the contract itself a better doctrine would be that the contract is voidable.
The Singapore Periodical of Legal Studies has been in continuous publication since 1959 and is a kinesthesia managed publication. Submissions are subject to anonymous peer review by subject field specialists within and beyond Singapore. The Journal covers both domestic and international legal developments. Singapore, as an independent legal arrangement founded on the English legal organisation, continues to depict guidance from the common law authorities of leading Republic countries, including England, Commonwealth of australia and Canada, and sometimes, the The states.The Journal publishes articles on individual and public international police equally well every bit comparative police force. It features topics with theoretical or applied entreatment or a mixture of both. The Journal continues to involvement lawyers, academics and observers in and outside the common constabulary world. Indeed, information technology has been cited by leading mutual police courts such as the Firm of Lords, the Supreme Court of Canada, the High Courtroom of Australia, the Loftier Courtroom of Malaysia and the Supreme Court of Singapore.
SJLS is run by the Faculty of Law, National University of Singapore from which it draws its Editorial Committee.
Source: https://www.jstor.org/stable/24870526
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