Common Mistake in UK Law
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Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
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(i) there must be a common assumption as to the existence of a state of affairs; (ii) there must be no warranty by either party that that state of affairs exists; (iii) the non-existence of the state of affairs must not be attributable to the fault of either party; (iv) the non-existence of the state of affairs must render performance of the contract impossible; (v) the state of affairs may be the existence, or a vital attribute, of the consideration to be provided or circumstances which must subsist if performance of the contractual adventure is to be possible.
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Rose (F. E.) (London) v William H. Pim Jnr. & Company
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Rectification is concerned with contracts and documents, not with intentions. In order to got rectification, it is necessary to show that the parties were in complete agreement on the terms of their contract, but by an error wrote them down wrongly; and in this regard, in order to ascertain the terms of their contract, you do not look into the inner minds of the parties – into their intentions – any more than you do in the formation of any other contract.
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Riverlate Properties Ltd v Paul
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Whether there was in any particular case knowledge of the intention and mistake of the other party must be a question of fact to be decided upon the evidence. Basically it appears to us that it must be such as to involve the defendant in a degree of sharp practice. Basically it appears to us that it must be such as to involve the defendant in a degree of sharp practice.
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FSHC Group Holdings Ltd v Glas Trust Corporation Ltd
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In the latter case it is necessary to show not only that each party to the contract had the same actual intention with regard to the relevant matter, but also that there was an “outward expression of accord” – meaning that, as a result of communication between them, the parties understood each other to share that intention.
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Bell v Lever Bros Ltd
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Corresponding to mistake as to the existence of the subject matter is mistake as to title in cases where unknown to the parties the buyer is already the owner of that which the seller purports to sell to him. To such a case Lord Westbury applied the principle that if parties contract under a mutual mistake and misapprehension as to their relative and respective rights the result is that the agreement is liable to be set aside as having proceeded upon a common mistake.
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Joscelyne v Nissen
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If one finds that, in regard to a particular point, the parties were in agreement up to the moment when they executed their formal instrument, and the formal instrument does not conform withthat common agreement, then this court has jurisdiction to rectify, although it may be that there was, until the formal instrument was executed, no concluded and binding contract between the parties.
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William Sindall Plc v Cambridgeshire County Council
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The difference may be that the common law rule is limited to mistakes with regard to the subject-matter of the contract, whilst equity can have regard to a wider and perhaps unlimited category of "fundamental" mistake.
- Consumer Rights Act 2015
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The Insolvency (England and Wales) Rules 2016
... ... grounds that the omission was inadvertent or the result of honest mistake ... (2) If the court grants that relief, it may require or allow the ... holders in insolvency proceedings.Part 1 (rules 1.1 to 1.58) is a common part containing definitions and rules about the standard contents of ... ...
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Land Registration Act 2002
... ... of the cautions register for the purpose of—(a) correcting a mistake, or(b) bringing the register up to date ... (2) An order under ... ...
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Lands Clauses Consolidation Act 1845
... ... such Party, or, if such Party be a Corporation Aggregate, under the Common Seal of such Corporation; and such Appointment shall be delivered to the ... Interests in Lands the Purchase whereof may have been omitted by Mistake. CXXIV Promoters of the Undertaking empowered to purchase Interests in ... ...
- A Study in the Relationship Between Common Law and Equity in Contractual Mistake
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Rectifying the Course of Rectification
In Daventry District Council v Daventry & District Housing Ltd [2011] EWCA Civ 1153, the majority of the Court of Appeal held that a contract should be rectified because of a common mistake. This n...... ... 72 Should that occur, English common law would be the first legal system to come close to effectively ... held that a contract should be rectified because of a common mistake ... This note discusses that decision and recent developments in the law of ... ...
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The Logic of Expressive Collective Action: When will Individuals ‘Nail their Colours to the Mast’?
Individuals do not act collectively simply because they recognise common interests; collective interests can be defined as collective goods and collective goods are non-excludable. In ‘large’ group...... ... Individuals do not act collectively simply because they recognise common interests; collective interests can be defined as collective goods and ... But are individuals always this instrumental? If it is a mistake to assume that collective action occurs ‘naturally’ when common ... ...
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Mistaking theft: Dishonesty ‘turns over a new leaf’
The common law doctrine of mistake of fact or civil law works as denial of offending, but dishonesty works as one of the definitional elements of crimes such as theft and fraud. It is argued in thi...... ... common law doctrine of mistake of fact or civil law works as denial of offending, ... ...
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English Court of Appeal Confirms Proper Test for Common Mistake Rectification
Objective test applies if a prior concluded contract exists, but subjective test applies if there is a continuing common intention. In the recent case of FSHC Group Holdings Limited v. GLAS Trus...
- Common Mistake, Rectification And The Danger Of Box-ticking
- Common Mistake, Rectification And The Danger Of Box-ticking
- Court Allows Rectification Of A Charter Restructuring Agreement On The Grounds Of Common Mistake