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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] |
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] |
Associated Japanese Bank (International) Ltd V Credit Du Nord
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Associated may refer to: *Associated, former name of Avon, Contra Costa County, California *Associated Hebrew Schools of Toronto, a school in Canada *Associated Newspapers, former name of DMG Media, a British publishing company See also *Association (other) *Associate (other) Associate may refer to: Academics * Associate degree, a two-year educational degree in the United States, and some areas of Canada * Associate professor, an academic rank at a college or university * Technical associate or Senmonshi, a Japa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ingram V Little
Ingram may refer to: People * Ingram (given name) * Ingram (surname) ** Ingram baronets, a title in the Baronetage of the United Kingdom, created 9 August 1893 Places * Ingram Park Mall, a mall in Texas, USA * Ingram, Northumberland, England * Ingram, California, community in Mendocino County, California, USA * Ingram, Pennsylvania in Allegheny County, Pennsylvania, USA * Ingram, Texas, city in Kerr County, Texas, USA * Ingram, Wisconsin, village in Rusk County, Wisconsin, USA * Ingram's Hall, a house at Shrewsbury School Organizations * Ingram Industries, a large US corporation, and its subsidiaries ** Ingram Barge Company, US barge company ** Ingram Content Group, US book distributor ** Ingram Entertainment Holdings Inc., an American distributor of home entertainment products * Ingram Micro, a distributor of information technology products * Ingram Merrill Foundation, a private foundation operated during Ingram Merrill's lifetime and subsidized literature, the ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shogun Finance Ltd V Hudson
''Shogun Finance Ltd v Hudson'' 003UKHL 62is an English contract law case decided in the House of Lords, on the subject of mistaken identity as a basis for Rescission (contract law), rescission of a contract. The case has been the subject of much criticism in failing to effectively clarify the area of mistake to identity. Facts A rogue went to a dealer to buy a Mitsubishi Shogun on hire purchase. The rogue told them that his name was Mr Patel and produced Mr Patel’s driving licence. The dealer communicated with Shogun Finance, which did a credit check on Mr Patel. Finding no problems, Shogun Finance authorized the hire purchase agreement and the rogue drove away. The rogue then sold the car to Mr Norman Hudson, who had no knowledge that the vehicle belonged to Shogun Finance and was subject to an apparent hire purchase agreement. Shogun Finance brought a claim against Mr Hudson for the return of its vehicle. Mr Hudson relied on section 27 of the Hire Purchase Act 1964, which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title (property)
In property law, title is an intangible construct representing a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. '' Possession'' is the actual holding of a thing, whether or not one has any right to do so. The '' right of possession'' is the legitimacy of possession (with or wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letter (message)
A letter is a written message conveyed from one person (or group of people) to another through a medium. Something epistolary means that it is a form of letter writing. The term usually excludes written material intended to be read in its original form by large numbers of people, such as newspapers and placards, although even these may include material in the form of an " open letter". The typical form of a letter for many centuries, and the archetypal concept even today, is a sheet (or several sheets) of paper that is sent to a correspondent through a postal system. A letter can be formal or informal, depending on its audience and purpose. Besides being a means of communication and a store of information, letter writing has played a role in the reproduction of writing as an art throughout history. Letters have been sent since antiquity and are mentioned in the ''Iliad''. Historians Herodotus and Thucydides mention and use letters in their writings. History of letter writing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cundy V Lindsay
''Cundy v Lindsay'' (1877–78) LR 3 App Cas 459 is an English contract law case on the subject of mistake, introducing the concept that contracts could be automatically void for mistake as to identity, where it is of crucial importance.(1877-78) LR 3 App Cas 459, page 465 Some lawyers argue that such a rule is at odds with subsequent cases of mistake as to identity, such as '' Phillips v Brooks'', 9192 KB 243 where parties contracting face to face are merely voidable for fraud, protecting a third party buyer.MacMillan, p. 372 However, the ultimate question is whether the identity of the other contracting party was crucial to the contract. The problem for the courts was essentially which of the two innocent parties should bear the loss of the goods. Facts Lindsay & Co sued Cundy to return handkerchiefs, after it had been defrauded by a 'rogue' that sold them onto Cundy. Lindsay & Co were manufacturers of linen handkerchiefs, amongst other things. They received correspondence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sale Of Goods Act 1979
The Sale of Goods Act 1979 (c. 54) is an Act of the Parliament of the United Kingdom which regulated English contract law and UK commercial law in respect of goods that are sold and bought. The Act consolidated the original Sale of Goods Act 1893 and subsequent legislation, which in turn had codified and consolidated the law. Since 1979, there have been numerous minor statutory amendments and additions to the 1979 act. It was replaced for some aspects of consumer contracts from 1 October 2015 by the Consumer Rights Act 2015c 15 but remains the primary legislation underpinning business-to-business transactions involving selling or buying goods. The act applies to contracts where property in 'goods' is transferred or agreed to be transferred for a monetary consideration, in other words: where property (ownership) in personal chattels is sold. Part I Part I (section 1) states that the act applies to contracts of sale of goods made on or after 1 January 1894. This was the date ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courturier V Hastie
''Couturier v Hastie'' 856UKHL J3is an English contract law case, concerning common mistake between two contracting parties about the possibility of performance of an agreement. Facts Couturier agreed with Hastie to deliver some corn. They thought it was in transit between Salonica (now Thessaloniki) and the UK. But the corn had already decayed. The shipmaster had sold it. Couturier argued that Hastie was liable for the corn because Hastie had already bought an "interest in the adventure", or rights under the shipping documents. Judgment The House of Lords held that because the corn effectively did not exist at the time of the contract, there was presence consideration and the buyers were not liable to pay the price. Lord Cranworth LC said: See also *English contract law *Frustration in English law *Sale of Goods Act 1979 The Sale of Goods Act 1979 (c. 54) is an Act of the Parliament of the United Kingdom which regulated English contract law and UK commercial law in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cooper V Phibbs
''Cooper v Phibbs'' 867UKHL 1is an English contract law case, concerning the doctrine of mistake. Facts Cooper's uncle, not intending to misrepresent anything, but being in fact in error, told Cooper that he (the uncle) was entitled to a fishery. Cooper, after his uncle's death, acting in the belief of the truth of what his uncle had told him, entered into an agreement to rent the fishery from the uncle's daughters. However, the fishery actually belonged to Cooper himself. After the uncle died, the lease was renewed through Cooper's aunt, via her three daughters, Cooper's cousins, and Mr Phibbs acting as their agent. The aunt, three sisters, and Cooper, had all assumed that they were entitled to the land through a right of inheritance. In fact, Cooper was truly entitled to an equitable residual interest, because the uncle in his will had granted Cooper a life tenancy. When the sisters asked for the next rental payment, this had transpired and Cooper sought a declaration that he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scott V Coulson
Scott may refer to: Places Canada * Scott, Quebec, municipality in the Nouvelle-Beauce regional municipality in Quebec * Scott, Saskatchewan, a town in the Rural Municipality of Tramping Lake No. 380 * Rural Municipality of Scott No. 98, Saskatchewan United States * Scott, Arkansas * Scott, Georgia * Scott, Indiana * Scott, Louisiana * Scott, Missouri * Scott, New York * Scott, Ohio * Scott, Wisconsin (other) (several places) * Fort Scott, Kansas * Great Scott Township, St. Louis County, Minnesota * Scott Air Force Base, Illinois * Scott City, Kansas * Scott City, Missouri * Scott County (other) (various states) * Scott Mountain (other) (several places) * Scott River, in California * Scott Township (other) (several places) Elsewhere * 876 Scott, minor planet orbiting the Sun * Scott (crater), a lunar impact crater near the south pole of the Moon *Scott Conservation Park, a protected area in South Australia Lists * Scott Point (disambi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
