Unilateral Mistake in UK Law
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Settlement Deed Fails To Release Claims Brought In Subsequent Foreign Proceedings (Abdullah Nasser Bin Obaid And Ors V Khalid Abdullah Al-Hezaimi And Ors)
... ... clauses are required on the grounds of common or unilateral ... mistake. It confirms existing authorities that no special ... ...
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Rectification Ordered Even Where Party Failed To Read Document Properly
... ... broadly speaking agreed on the law of rectification for common mistake but disagreed on the relative importance of (i) Mr Roebuck's misleading ... On the matter of unilateral mistake, both the majority judges would have also had agreed to rectify on ... ...
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Make No Mistake About It: Part 36 Is Compatible With The Doctrine Of Mistake
... ... The legal conundrum ... The primary issue in O'Grady is the ... question as to whether the common law principle of unilateral ... mistake is consistent with CPR Part 36. The doctrine of ... unilateral mistake arises where one party is mistaken and the other ... party knows ... ...
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Make No Mistake About It: Part 36 Is Compatible With The Doctrine Of Mistake
... ... The legal conundrum ... The primary issue in O'Grady is the ... question as to whether the common law principle of unilateral ... mistake is consistent with CPR Part 36. The doctrine of ... unilateral mistake arises where one party is mistaken and the other ... party knows ... ...
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Open To Interpretation
... ... to reflect the parties' true agreement or by reason of the unilateral mistake of one of the parties. The two tests are separate and ... ...
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When Can A Mistake Not Be Corrected? Court Of Appeal Rules Collective Agreements Are Not Capable Of Rectification
... ... mistake, where the document does not reflect both parties' ... shared intention. It is also available in cases of unilateral ... mistake, where the document does not reflect one parties' ... intention and this is known or ought to be known by the other ... party, making it ... ...
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Zero Sum Claim: Clyde & Co Successful In Striking Out Claim Issued Despite Acceptance Of £0 Part 36
... ... there was no concluded agreement and that the offer of £0 was a mistake ... Application ... We were instructed to act on behalf of the ... and the Claimant could not rely upon the common law doctrine of unilateral mistake because Part 36 is a self-contained code. In addition, the ... ...
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Court Of Appeal Clarifies Test For Rectifying Terms Of Written Contract For Common Mistake August 22, 2019
... ... (There may however be a claim based on unilateral mistake, if the defendant knew the claimant believed there to be a common intention when that was not in fact the case, and knew the document did not ... ...
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When Is A Settlement Not A Settlement?
... ... seems to be an opportune moment to review the role that mistake and ... other contractual principles play when considering agreements to ... could have relied on the doctrine of unilateral mistake ... Foskett on Compromise2 states: "Where one ... party to a ... ...
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Court Of Appeal Clarifies Test For Rectifying Terms Of Written Contract For Common Mistake
... ... (There may however be a claim based on unilateral mistake, if the defendant knew the claimant believed there to be a common intention when that was not in fact the case, and knew the document did not ... ...
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