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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

ISBN13: 9780199276110
ISBN: 0199276110
Published: September 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £65.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

How often our actions go awry because our perceptions are at odds with reality! This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes. Some have unfortunate consequences: we might overpay a debt or make an unfavourable contract, or we might be sued or accused of a crime as a result of our mistake. Claims to alleviation on the grounds of mistake are likely to arise wherever the law prescribes a state of mind (some kind of intent) as a prerequisite for the application of a legal rule.

This book asks when the fact that a person made a mistake should entitle them to alleviation. This may involve the intention to enter into a contract or a payment, in which case a person could seek its reversal, or it might involve the intent to commit a tort or crime, in which case they could seek forgiveness for the offence. Farnsworth defines 'alleviating' mistakes as those which entitle a person to relief from untoward consequences of their mistake. There is no general 'law of mistake', and despite their similarities, few discussions of mistake in one setting pause to consider mista

Criminal Law
PART I: WINNOWING OUR MYRIAD MISHAPS; Prologue to Part I; 1 Alleviating Mistakes; 2 Meaning of Mistake; 3 Ignorance and Mistake; 4 Predictions and Opinions
PART II: SKEPTICISM AND PROOF; Prologue to Part II; 5 Reactions to Mistakes; 6 Proving Mistake; 7 Causation
PART III: AVAILABILITY OF RELIEF; 8 Relevance in General; 9 Relevance of Mistakes of Law; 10 Risk; 11 Countervailing Concerns; 12 Fault; Taking Stock