Common Mistake in UK Law
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Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
... ... definitive exposition of the rules of law governing the effect of mistake on contract. In 1950 in Solle v Butcher [1950] 1 KB 671 Denning LJ ... parties have concluded an agreement that was binding in law under a common misapprehension of a fundamental nature as to the material facts or their ... ...
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FSHC Group Holdings Ltd v Glas Trust Corporation Ltd
... ... the written terms of a contract may be rectified because of a common mistake. Introduction ... 2 The ... ...
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Riverlate Properties Ltd v Paul
... ... to bear part of the cost of exterior and structural repairs by a mistake common to both parties: alternatively upon the ground that the plaintiff ... ...
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Chartbrook Ltd v Persimmon Homes Ltd and another
... ... That is as it should be. One of the strengths of the common law is that it can take a fresh look at itself so that it can keep pace ... to justify a conclusion that there has been a linguistic mistake will seem commercially absurd to another: compare the Kirin-Amgen case ... ...
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Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue and Attorney General
... ... ] 2 AC 349 (" Kleinwort Benson ") the House of Lords abrogated the common law rule that no restitutionary claim lies in respect of money paid under a mistake of law, holding that the claimant bank was entitled to a restitutionary ... ...
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Rose (F. E.) (London) v William H. Pim Jnr. & Company
... ... That was solely because of the mutual mistake which had originated with Mr. Brooks and which had been accepted, as it ... all reasonable doubt that the instrument does not represent their common intention, and is further satisfied as to what their common intention was ... ...
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Kleinwort Benson Ltd v Lincoln City Council
... ... the old established law is recoverable as having been paid under a mistake of law. I take the view that the monies are not recoverable since, at the ... 4 There are two questions to be considered. First, when the common law is changed by later judicial decision, have all payments made on the ... ...
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Bell v Lever Bros Ltd
... ... of them were made and the moneys paid thereunder were paid under a mistake of fact." ... 32 Particulars being asked for of ... parties to the agreements of settlement entered into them under the common mistake that the contracts of service were binding, in the sense that they ... ...
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Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue
... ... of action for restitution on the ground that the money was paid by mistake. Section 32(1)(c) of the Limitation Act 1980 provides that where the ... There is still no cause of action at common law for the recovery of tax paid under a mistake of law. He says that ... ...
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Autoclenz Ltd v Belcher and Others
... ... It is common ground that both documents formed part of the contract between the ... term, which intention was outwardly manifested but, because of a mistake (usually a common mistake of the parties, but it can be a unilateral one) ... ...
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