Unilateral Mistake in UK Law

  • Rectifying the Course of Rectification
    • No. 75-3, May 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. This n...
    ... ... held that a contract should be rectified because of a common mistake ... This note discusses that decision and recent developments in the law of ... might help to distinguish common mistake rectification from unilateral mistak e rectification. INTRODUCTION In Chartbrook Ltd v Persimmon ... ...
  • Mistakes in Algorithmic Trading of Cryptocurrencies
    • No. 83-6, November 2020
    • The Modern Law Review
    How should the doctrine of unilateral mistake apply when a programming error results in a buyer's algorithmic trading programme accepting an offer generated by the seller's trading programme to exc...
    ... ... Cryptocurrencies Alexander Loke ∗ How should the doctrine of unilateral mistake apply when a programming error results in a buyer’ s algorithmic ... ...
  • REFLECTIONS ON SOME ASPECTS OF OPERATIVE MISTAKE IN CONTRACT
    • No. 13-1, January 1950
    • The Modern Law Review
    ... ... legal substance between bilateral and unilateral mistake ; SMITH v. HUGHES AND ESTOPPEL Before deciding whether a fact is a ' fundamental ' one, there is posed in all ... ...
  • Duty of Employers to Disclose Breaches of Contracts: BCCI v Ali and Others
    • No. 6-4, February 1999
    • Journal of Financial Crime
    • 359-361
    In BCCI v Ali, the court was faced with the question whether an employer is under a duty to disclose breaches of contract where they may give rise to risks to the physical, financial and psychologi...
    ... ... (that it was carrying on a corrupt and dishonest business); (b) mistake on the employees' part by signing the agreement unaware of the breach; or ... UNILATERAL MISTAKE The employees also contended that they were unaware of the ... ...
  • Payment By Letter Of Credit
    • No. 23-6, November 1960
    • The Modern Law Review
    ... ... If the mistake is discovered and corrected by notice before an acceptance ... who had ordered rescission of a contract for unilateral mistake. In October 1957 the appellant, suppliers and ... ...
  • Careless Homework And Caveat Vendor In The Law Of Contract
    • No. 23-6, November 1960
    • The Modern Law Review
    ... ... If the mistake is discovered and corrected by notice before an acceptance ... who had ordered rescission of a contract for unilateral mistake. In October 1957 the appellant, suppliers and ... ...
  • REVIEWS
    • No. 56-2, March 1993
    • The Modern Law Review
    Book reviewed in this article: John Cartwright, Unequal Bargaining: A Study of Vitiating Factors in the Formation of Contracts Andrei Marmor, Interpretation and Legal Theory Hugh Collins, Justice i...
    ... ... first part considers formation questions and includes unilateral mistake, incorporation and rectification. The second part deals with ... ...
  • A Study in the Relationship Between Common Law and Equity in Contractual Mistake
    • No. 15-3, July 1952
    • The Modern Law Review
    ... ... ” common law gives cffect to the mistake and treats the contract as void where the mistake is bilatcral or whcre a unilateral mistake has not been due to the misjudgment or fault of the mistakcn party but to some other circumstance by which it was ... ...
  • MISTAKE IN THE CONSTRUCTION OF CONTRACTS
    • No. 24-4, July 1961
    • The Modern Law Review
    ... ... that what Dr. Cheshire and Mr. Fifoot refer to as mutual mistake and unilateral mistake relate to offer and acceptance and we do not wish to discuss them further here. Mistake as to subject-matter, ... ...
  • Authorised Acts and Appropriation
    • No. 55-2, March 1992
    • The Modern Law Review
    ... ... policewoman who had been overpaid her wages realised the mistake and decided to keep the excess. In keeping the money, the ... misrepresentation.22 This would surely have been a unilateral mistake as to quality and, accordingly, would have had no ... ...
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