| 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) |
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| 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... |
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| 942 | _n0 | ||
| 999 |
_c71948 _d71948 |
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