000 01830cam a2200229 4500
001 ABS66369
008 030121n2003 000 0 eng u
035 _a(Sirsi) u121087
100 _aMurdoch, J.
245 _aMake no mistake
260 _c2003
490 _aEstates Gazette
_v(0303) 18 January 2003, 124(1)
520 _aIt 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.
590 _aABS
650 _aCOMMON MISTAKE
650 _aBELL V LEVER BROS
650 _aSOLLE V BUTCHER
650 _aGREAT PEACE SHIPPING LTD V TSAVLIRIS SALVAGE (INTERNATIONAL) LTD
690 _aLAW-CASE LAW
856 _uhttps://www.courtservice.gov.uk/View.do?id=1393&searchTerm=%22Great+Peace+Shipping%22&ascending=false&index=0&maxIndex=0
_zView the judgment on the Court Service website...
942 _n0
999 _c71948
_d71948