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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 Tsavlir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English-speaking World
The English-speaking world comprises the 88 countries and territories in which English language, English is an official, administrative, or cultural language. In the early 2000s, between one and two billion people spoke English, making it the List of languages by total number of speakers, largest language by number of speakers, the List of languages by number of native speakers, third largest language by number of native speakers and the most widespread language geographically. The countries in which English is the native language of most people are sometimes termed the Anglosphere. Speakers of English are called Anglophones. History of Anglo-Saxon England, Early Medieval England was the birthplace of the English language; the Modern English, modern form of the language has been 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 electron ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queensland
Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south, respectively. To the east, Queensland is bordered by the Coral Sea and the Pacific Ocean; to the state's north is the Torres Strait, separating the Australian mainland from Papua New Guinea, and the Gulf of Carpentaria to the north-west. With an area of , Queensland is the world's List of country subdivisions by area, sixth-largest subnational entity; it List of countries and dependencies by area, is larger than all but 16 countries. Due to its size, Queensland's geographical features and climates are diverse, and include tropical rainforests, rivers, coral reefs, mountain ranges and white sandy beaches in its Tropical climate, tropical and Humid subtropical climate, sub-tropical c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that pacta sunt servanda, agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Hughes
''Smith v Hughes'' (1871) LR 6 QB 597 is an English contract law case. In it, Justice Blackburn 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 he 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queens Bench Law Reports
A or is a compilation of judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases. Historically, the term "reporter" was used to refer to the individuals responsible for compiling, editing, and publishing these opinions. For example, the Reporter of Decisions of the Supreme Court of the United States is the person authorized to publish the Court's cases in the bound volumes of the ''United States Reports''. Today, in American English, "reporter" also refers to the books themselves. In Commonwealth English, these are described by the plural term "law reports", the title that usually appears on the covers of the periodical parts and the individual volumes. In common law jurisdictions, such as the United States, the doctrine of ''stare decisis'' ("to stand by things decided") requires courts to follow precedent by applying l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Paul Vout KC and Peter Willis SC. 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: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kings Bench Law Reports
A or is a compilation of judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases. Historically, the term "reporter" was used to refer to the individuals responsible for compiling, editing, and publishing these opinions. For example, the Reporter of Decisions of the Supreme Court of the United States is the person authorized to publish the Court's cases in the bound volumes of the ''United States Reports''. Today, in American English, "reporter" also refers to the books themselves. In Commonwealth English, these are described by the plural term "law reports", the title that usually appears on the covers of the periodical parts and the individual volumes. In common law jurisdictions, such as the United States, the doctrine of ''stare decisis'' ("to stand by things decided") requires courts to follow precedent by applying l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake In English Contract Law
The law of mistake comprises a group of separate rules in English contract law. If the law deems a mistake to be sufficiently grave, then a contract entered into on the grounds of the mistake may be void. A mistake is an incorrect understanding by one or more parties to a contract. There are essentially three types of mistakes in contract: *'' Unilateral mistake'' is where only one party to a contract is mistaken as to the terms or subject-matter. The courts will uphold such a contract unless it was determined that the non-mistaken party was aware of the mistake and tried to take advantage of the mistake. It is also possible for a contract to be void if there was a mistake in the identity of the contracting party. An example is in ''Lewis v Averay'' where Lord Denning MR held that the contract can only be avoided if the plaintiff can show that, at the time of agreement, the plaintiff believed the other party's identity was of vital importance. A mere mistaken belief as to the cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 * Girard I of Roussillon (died 1113), count of Roussillon * Girard II of Roussillon (died 1172), count of Roussillon * Gerard la Pucell ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
