Equitable Remedies in the Doctrine of Mistake

Equitable Remedies

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”

THE DOCTRINE OF MISTAKE IN THE LAW OF CONTRACT

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”

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