Common Mistake in UK Law

Leading Cases
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 Oct 2002

    (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.

  • Rose (F. E.) (London) v William H. Pim Jnr. & Company
    • Court of Appeal
    • 16 Jul 1953

    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.

  • FSHC Group Holdings Ltd v Glas Trust Corporation Ltd
    • Court of Appeal (Civil Division)
    • 31 Jul 2019

    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.

  • Riverlate Properties Ltd v Paul
    • Court of Appeal (Civil Division)
    • 08 Abr 1974

    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.

  • Joscelyne v Nissen
    • Court of Appeal (Civil Division)
    • 19 Dic 1969

    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.

  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Dic 1931

    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.

  • Chartbrook Ltd v Persimmon Homes Ltd and another
    • House of Lords
    • 01 Jul 2009

    What is clear from these cases is that there is not, so to speak, a limit to the amount of red ink or verbal rearrangement or correction which the court is allowed. All that is required is that it should be clear that something has gone wrong with the language and that it should be clear what a reasonable person would have understood the parties to have meant. In my opinion, both of these requirements are satisfied.

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Legislation
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... two or more sets of proceedings or parts of proceedings raising common issues; . (c) permit or require a party to amend a document; . (d) .... Clerical mistakes and accidental slips or omissions . 31. The Tribunal may at any time ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, ... . . (a) the breach was due to-. . (i) a mistake,. . . (ii) reliance on information supplied to P by another person,. . ......
  • The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ...... two or more sets of proceedings or parts of proceedings raising common issues, or treat a case as a lead case (whether in accordance with rule 18 ...S-37 . Clerical mistakes and accidental slips or omissions Clerical mistakes and accidental slips ......
  • The Tribunal Procedure (Upper Tribunal) Rules 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ...... two or more sets of proceedings or parts of proceedings raising common issues, or treat a case as a lead case; . (c) (c) permit or require a ...S-42 . Clerical mistakes and accidental slips or omissions Clerical mistakes and accidental slips ......
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Books & Journal Articles
  • A Study in the Relationship Between Common Law and Equity in Contractual Mistake
    • Núm. 15-3, Julio 1952
    • The Modern Law Review
  • Rectifying the Course of Rectification
    • Núm. 75-3, Mayo 2012
    • The Modern Law Review
    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. Th...
    ......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 ......
  • The Logic of Expressive Collective Action: When will Individuals ‘Nail their Colours to the Mast’?
    • Núm. 9-4, Noviembre 2007
    • British Journal of Politics and International Relations
    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 ......
  • Rent reviews and unforeseen circumstances
    • Núm. 31-4, Julio 2013
    • Journal of Property Investment & Finance
    • 390-393
    Purpose: This paper aims to examine the English court's approach to the interpretation of rent review provisions in circumstances where the words used by the parties may produce a commercially unfo...
    ...... in a way that produces a result in accordance with“business common sense”, there must first be some ambiguity in the wording. The court ... court is unlikely to intervene unless it is clear that there is a mistake in the language or syntax. Thecourt will not rewrite an agreement where ......
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Law Firm Commentaries
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