In criminal law, all acts or omissions which amount to crimes are not punished at all times. There are situations in which due to the circumstances of the case, some defences can be raised to Continue reading “GENERAL DEFENCES TO CRIMINAL LIABILITY”
What is Non Est Factum?
Non est factum literally translates to “it is not my deed. This principle developed to mitigate the harshness of the common law principle that a party is Continue reading “THE PRINCIPLE OF NON EST FACTUM”
The Rationale for Equitable Remedies
As can be seen from cases like Cundy vs. Lindsay, the common law doesn’t pay much attention to the interest of third parties in a contract. If it can just be proved that there was a mistake, the contract would be made void. Due to this rigidity and harshness Continue reading “Equitable Remedies in the Doctrine of Mistake”
Introduction to the Doctrine of Mistake
There is always a consensus ad idem (meeting of the minds) between parties that enter into a contract. What this means is that both parties to a contract are thinking of the same thing when they enter into a contract. Thus, when a party enters into a contract on a mistaken assumption of some fundamental facts, the consensus ad idem is lost. This then justifies the contract being voided for mistake.
To a layman, any obvious Continue reading “THE DOCTRINE OF MISTAKE IN THE LAW OF CONTRACT”