Unilateral Mistake in UK Law

  • Riverlate Properties Ltd v Paul
    • Court of Appeal (Civil Division)
    • 08 April 1974
    ... ... 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 ... contends that the case is one in which, albeit there was only unilateral mistake not known to or contributed to by the defendant, the defendant ... ...
  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 December 1931
    ... ... of them were made and the moneys paid thereunder were paid under a mistake of fact." ... 32 Particulars being asked for of ... to recission of the agreements of settlement on the ground of unilateral mistake, ended by propounding the view that they were so entitled also on ... ...
  • Yeoman's Row Management Ltd and another v Cobbe
    • House of Lords
    • 30 July 2008
    ... ... gift' cases, (2) the 'common expectation' cases, and (3) the 'unilateral mistake' cases. These cases alike present the essential characteristics of ... ...
  • FSHC Group Holdings Ltd v Glas Trust Corporation Ltd
    • Court of Appeal (Civil Division)
    • 31 July 2019
    ... ... written terms of a contract may be rectified because of a common mistake. Introduction ... 2 The claimant ... Leaving aside for the time being cases of rectification for unilateral mistake, establishing new contractual rights and obligations in this way ... ...
  • Pitt and Another v Holt and Another Futter and Another v Futter and Others
    • Supreme Court
    • 09 May 2013
    ... ... jurisdiction to set aside a voluntary disposition on the ground of mistake. It is now generally recognized that the label "the rule in Hastings-Bass ... The fact that a unilateral mistake is sufficient (without the additional ingredient of ... ...
  • Chartbrook Ltd v Persimmon Homes Ltd and another
    • House of Lords
    • 01 July 2009
    ... ... to justify a conclusion that there has been a linguistic mistake will seem commercially absurd to another: compare the Kirin-Amgen case ... McLauchlan ("The 'Drastic' Remedy of Rectification for Unilateral Mistake" (2008) 124 LQR 608-640 )) asked for leave to challenge, for ... ...
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 October 2002
    ... ... 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 ... consequent upon a case of voidability either for fraud or unilateral mistake induced by fraud. But if the allegation, even alternative, was ... ...
  • Shogun Finance Ltd v Hudson
    • House of Lords
    • 19 November 2003
    ... ... This is said to be a case of mistake as to a person's attributes. In case (2), in some circumstances but not ... in the textbooks as an example of a contract which is void for unilateral mistake, but this was not the basis of the decision. The word "mistake" ... ...
  • Bates (Thomas) and Son Ltd v Wyndham's (Lingerie) Ltd
    • Court of Appeal (Civil Division)
    • 21 November 1980
    ... ... in the reddendum of the lease of 1970 must have been due to a mistake on the part of Mr. Bates, under whose instructions, as I have said, that ... from resisting rectification on the ground that the mistake is unilateral and not common1" ... 34 Of course if a document is executed in ... ...
  • Re Butlin's Settlement Trusts; Butlin v Butlin
    • Chancery Division
    ... ... rectification - Whether jurisdiction to rectify without proof of mistake by all trustees ... After taking advice from both junior and leading ... ...
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