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Make no mistake

By: Series: Estates Gazette ; (0303) 18 January 2003, 124(1)Publication details: 2003Subject(s): Online resources: Summary: It was settled in "Bell v Lever Bros Ltd" ([1932] AC 161) that a contracting party cannot escape from his or her bargain merely by saying 'I made a mistake when I made this contract'. In "Bell", circumstances existed in which a wrong assumption, shared by both parties, rendered performance of the contract fundamentally different from what was envisaged, that is, that common law will treat the apparent contract as void from the start. However, in "Solle v Butcher"([1950] 1 KB 671), Lord Denning added an important rider to this doctrine, by insisting that, whatever the position at common law, the principles of equity would permit a court, in a case of a mistake, to set aside the contract on terms designed to achieve a fair result. "Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd" (CA [2002] 3 WLR 1617) disputed the "Solle" ruling as wrong judging that a shared mistake, if sufficiently fundamental, renders a contract void but a less fundamental mistake has no effect at all upon the agreement. The judgment is available at www.courtservice.co.uk.
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Journal article London News article ABS66369 (Browse shelf(Opens below)) 1 Available 121087-1001

It was settled in "Bell v Lever Bros Ltd" ([1932] AC 161) that a contracting party cannot escape from his or her bargain merely by saying 'I made a mistake when I made this contract'. In "Bell", circumstances existed in which a wrong assumption, shared by both parties, rendered performance of the contract fundamentally different from what was envisaged, that is, that common law will treat the apparent contract as void from the start. However, in "Solle v Butcher"([1950] 1 KB 671), Lord Denning added an important rider to this doctrine, by insisting that, whatever the position at common law, the principles of equity would permit a court, in a case of a mistake, to set aside the contract on terms designed to achieve a fair result. "Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd" (CA [2002] 3 WLR 1617) disputed the "Solle" ruling as wrong judging that a shared mistake, if sufficiently fundamental, renders a contract void but a less fundamental mistake has no effect at all upon the agreement. The judgment is available at www.courtservice.co.uk.