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Sayfa 139CHAPTER 9: MISTAKE
SUMMARY OF PRINCIPLES…
• Mistake may operate to prevent the formation of a contract, rendering it void ab…
• English law takes an objective approach to contractual mistake: courts assess the…
• Generally speaking, there are (i) mistakes that vitiate the formation of a contract…
• Mistakes that vitiate the formation of a contract concern:…
(a)Mistakes as to identity (or creditworthiness): Where a contracting party was mistaken…
(b)Ambiguities in agreement: A contract may be void for mistake in circumstances…
(c)Mistakes as to terms: A contract may be void for mistake where a party is labouring…
• Common mistake arises where both parties share the same mistaken belief about a…
• Rectification may be granted in equity to correct written agreements that fail…
• The doctrine of non est factum (this is not my deed) may allow a party to…
D.Negligent misstatement
A.Introduction