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Vol 22 No 11 Nov/Dec 2017

Book of the Month

Cover of The Law of Contract Damages

The Law of Contract Damages

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Mistakes in Contract Law

ISBN13: 9781841135076
Published: January 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00
Paperback edition out of print, ISBN13 9781849462129

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It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases.

This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistake in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources.

These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.

Contract Law
1. Introduction
2. Contractual Mistake in Roman Law
3. Contractual Mistake in English Law
4. The Lack of Contractual Mistake at Common Law and the
5. Pothier and the Development of Mistake in English Contract Law
6. Von Savigny and the Development of Mistake in English Contract Law
7. The Creation of Contractual Mistake in Nineteenth-century Common Law
8. Mistake of Identity
9. Mistake after Fusion
10. Summary and Conclusions