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Mistake (contract Law)
In contract law, a mistake is an erroneous belief, ''at contracting'', that certain facts are true. It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ''ab initio'' or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common mistake'. The distinction between the 'common mistake' and the 'mutual mistake' is important. Another breakdown in contract law divides mistakes into four traditional categories: unilateral mistake, mutual mistake, mistranscription, and misunderstanding. The law of mistake in any given contract is governed by the law governing the contract. The law from country to country can differ significantly. For instance, contracts entered into under a relevant mistake have not been voidable in English law since '' Great Peace Shipping Ltd v Tsavliri ...
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English-speaking World
Speakers of English are also known as Anglophones, and the countries where English is natively spoken by the majority of the population are termed the '' Anglosphere''. Over two billion people speak English , making English the largest language by number of speakers, and the third largest language by number of native speakers. England and the Scottish Lowlands, countries of the United Kingdom, are the birthplace of the English language, and the modern form of the language has been being spread around the world since the 17th century, first by the worldwide influence of England and later the United Kingdom, and then by that of the United States. Through all types of printed and electronic media of these countries, English has become the leading language of international discourse and the lingua franca in many regions and professional contexts such as science, navigation and law. The United Kingdom remains the largest English-speaking country in Europe. The United States ...
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Queensland
) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of Queensland , established_title2 = Separation from New South Wales , established_date2 = 6 June 1859 , established_title3 = Federation , established_date3 = 1 January 1901 , named_for = Queen Victoria , demonym = , capital = Brisbane , largest_city = capital , coordinates = , admin_center_type = Administration , admin_center = 77 local government areas , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Jeannette Young , leader_title3 = Premier , leader_name3 = Annastacia Palaszczuk ( ALP) , legislature = Parliament of Queensland , judiciary = Supreme Court of Queensland , national_representation = Parliament of Australia , national_representation_t ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ...
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Smith V Hughes
''Smith v Hughes'' (1871) LR 6 QB 597 is an English contract law case. In it, Blackburn J set out his classic statement of the objective interpretation of people's conduct (acceptance by conduct) when entering into a contract. The case regarded a mistake made by Mr. Hughes, a horse trainer, who bought a quantity of oats that were the same as a sample he had been shown. However, Hughes had misidentified the kind of oats: his horse could not eat them, and refused to pay for them. Smith, the oat supplier, sued for Hughes to complete the sale as agreed. The court sided with Smith, as he provided the oats Hughes agreed to buy. That Hughes made a mistake was his own fault, as he had not been misled by Smith. Since Smith had made no fault, there was no mutual mistake, and the sale contract was still valid. The case stands for the narrow proposition that in a commercial sale by sample (following sample) where the goods conform to the sample shown, the court will mindful of the principle ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cit ...
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McRae V Commonwealth Disposals Commission
''McRae v Commonwealth Disposals Commission'',. is an Australian contract law case, relevant for English contract law, concerning the common mistake about the possibility of performing an agreement. Facts The Commonwealth Disposals Commission sold McRae a shipwreck of a tanker on the "Jourmand Reef", near Samarai supposedly containing oil. The McRae brothers went to Samarai and found no tanker, and that there was no such place as the Jourmand Reef. It later became clear that the Commission officer had made a 'reckless and irresponsible' mistake in thinking that they had a tanker to sell (the Court found that they had relied on mere gossip). The McRae brothers incurred considerable expense in fitting out a salvage operation. The McRae brothers commenced an action claiming damages against the Commission. First they claimed damages for breach of contract to sell a tanker at the location specified. Second, they claimed damages for fraudulent misrepresentation that there was a tan ...
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Vitiating Factors In The Law Of Contract
In English law, a vitiating factor in the common law of contract is a factor that can affect the validity of a contract. The concept has been adopted in other common law jurisdictions, including the USA. A vitiating factor is one which spoils the contract, rendering it imperfect. The standard remedy is rescission, but damages may also be available. (By contrast, the standard remedy for breach of contract is damages, with repudiation available for serious breach only).'' The Mihalis Angelos'' See also *Good faith * US contract law * Duress in American law *German contract law * French contract law *Principles of European Contract Law Arts 4:107, 4:116 and 4:117 *Misleading or deceptive conduct Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of Australian law. Section 18 of the ''Australian Consumer Law'',''Competition and Consumer Act'' 2010 (CthSchedule 2, The Australian Consumer Law whic ... * Tort of deceit Notes {{English c ...
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Mistake In English Contract Law
Mistake(s) may refer to: * An error Law * Mistake (contract law), an erroneous belief, at contracting, that certain facts are true ** Mistake in English contract law, a specific type of mistake, pertaining to England * Mistake (criminal law), or ''mistake of fact'', a defense to criminal charges on the grounds of ignorance of a fact * Mistake of law, a defense to criminal charges on the grounds of ignorance of law * Error (law) Places * Mistake Bay, a bay in Canada * Mistake Crag, a crag in Antarctica * Mistake Creek, Queensland, an Australian locality * Mistake Peak, a mountain in Antarctica * Mistake Peak (Arizona), a mountain in the U.S. state of Arizona * Mistake River, a river in New Zealand Music * ''Mistake'' (album), a 2002 album by D+ * "Mistake" (Moby song), 2009 * "Mistake" (Stephanie McIntosh song), 2006 * "Mistake" (Mike Oldfield song), 1982 * "Mistakes" (Brian McFadden song), a 2010 song featuring Delta Goodrem * "Mistakes" (Tove Styrke song), 2017 * ...
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Girard Trust Co
Girard may refer to: Places in the United States * Girard, Alabama *Girard, Georgia * Girard, Illinois * Girard, Kansas * Girard, Michigan * Girard, Minnesota *Girard, Ohio * Girard, Pennsylvania *Girard, Texas * Girard, West Virginia * Girard Township, Macoupin County, Illinois * Girard Township, Michigan * Girard Township, Minnesota * Girard Township, Erie County, Pennsylvania *Girard Township, Clearfield County, Pennsylvania * Girard Avenue, a street in Philadelphia, Pennsylvania, served by two SEPTA stations: ** Girard station (Broad Street Line), a subway station on serving the Broad Street Line ** Girard station (SEPTA Market-Frankford Line), a rapid transit station on Market-Frankford Line ** SEPTA Route 15, a trolley line also known as the Girard Avenue Line *Woodland Hills, Los Angeles, California, was known as Girard until 1941 People with the given name * Girard I of Roussillon (died 1113), count of Roussillon * Girard II of Roussillon (died 1172), count of Roussillon ...
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