Common Mistake in UK Law
- 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...... ... do not act collectively simply because they recognise common interests; collective interestscan be dened as collective goods and ... Butare individuals always this instrumental? If it is a mistake to assume that collective action occursnaturally when common interests are ... ...
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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...... ... over a new leafBo WangUniversity of Surrey, UKAbstractThe common law doctrine of mistake of fact or civil law works as denial of offending, ... ...
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No proviso: Habermas on Rawls, religion and public reason
In this article, I argue that a common view of Habermas’s theory of public reason, which takes it to be similar to Rawls’s ‘proviso’, is mistaken. I explain why that mistake arises, and show that t...... ... of Sussex, UKAbstractIn this article, I argue that a common view of Habermass theory of public reason, whichtakes it to be similar to Rawlss proviso, is mistaken. I explain why that mistake arises,and show that those who have made it have thus overlooked the ... ...
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Rent reviews and unforeseen circumstances
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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Editor's letter.
... ... Another common mistake is to leave out important departments, such as HR. If you want to ... ...
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Erratum
... ... L. C. GREEN. Erratum In the note’on “ Common Mistake,” pp. 220 et seq., the reference at p. 229, line 12 ... ...
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Realism, Liberalism and Non-ideal Theory Or, Are there Two Ways to do Realistic Political Theory?
The charge that contemporary political theory has lost touch with the realities of politics is common to both the recent ideal/non-ideal theory debate and the revival of interest in realist thought...... ... theory has lost touch with the realities of politics is common to both the ... This article argues that this is a mistake ... ...
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Catharine MacMillan, MISTAKES IN CONTRACT LAW Oxford: Hart Publishing (www.hartpub.co.uk), 2010. xxv + 322 pp. ISBN 9781841135076. £50.
...The doctrine of mistake continues to perplex, frustrate and fascinate contract lawyers in equal ... of mistake more generally and not just the distinction between common mistake in Law and Equity. Catherine MacMillan seeks to address some of ... ...
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