Mistakes in contract law / Catharine MacMillan.

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Bibliographic Details
Published: Oxford ; Portland, Or. : Hart, 2010.
Main Author:
MacMillan, Catharine
Subjects:
Contracts > England.
Contracts > Wales.
Mistake (Law)
Mistake (Roman law)
Format: Book
Mistakes in contract law /
Table of Contents:
  • 1. Introduction
  • 2. Contractual Mistake in Roman Law: From Justinian to the Natural Lawyers
  • The Law of the Romans
  • Roman Contract Law
  • Roman Contract Law and Mistake
  • Mistakes as to the Identity of a Contracting party: Error in persona
  • Mistakes as to the Price to be Paid: Error in pretio
  • Mistakes as to the Subject Matter of the Contract
  • Medieval Roman Law
  • 3. Contractual Mistake in English Law: Mistake in Equity before 1875
  • The Jurisdiction and Procedures of Chancery
  • Reasons for the Intervention of Equity
  • An Unconscientious Advantage Obtained by Mistake
  • Agreement did not Conform to Parties' Intentions
  • Instances Short of Fraud
  • Protection of a Weaker Party
  • The Limits of Equitable Intervention
  • Forms of Equitable Relief for Mistake 53 Rectification
  • Specific Performance
  • Rescission
  • Conclusions
  • 4. The Lack of Contractual Mistake at Common Law and the Nineteenth-century Transformation of Procedure
  • Pleading
  • Equitable Defences
  • Evidence and the Pre-trial Discovery of Facts
  • Pre-trial Discovery
  • Witnesses
  • Matters of Law rather than Fact
  • Conclusions
  • 5. Pothier and the Development of Mistake in English Contract Law
  • Pothier and the Traité des Obligations
  • Pothier and English Contract Law
  • Early Contract Treatise Writers
  • Colebrooke and Contract Law
  • Macpherson and the Indian Contract Act 1872
  • Leake: The First Scientific Treatise Writer of Contract Law
  • Judah Benjamin--The Living Transplant
  • Conclusions
  • 6. Von Savigny and the Development of Mistake in English Contract Law
  • Von Savigny and German Legal Development
  • Von Savigny and Contract
  • Von Savigny and Mistake
  • Sir Frederick Pollock
  • Pollock's Principles of Contract
  • Pollock as Will Theorist
  • Pollock and Mistake
  • The Changes in Pollock's Principles
  • Sir William Anson and the Principles of the English Law of Contract
  • Anson and Mistake
  • Anson Modifies his Treatment of Mistake
  • Conclusions
  • 7. The Creation of Contractual Mistake in Nineteenth-century Common Law
  • An Absence of Subject Matter: Couturier v Hastie (1856)
  • Mistake which Prevents Agreement Raffles-- v Wichelhaus (1864)
  • Mistake as to a Quality of the Subject Matter--Kennedy v The Panama, New Zealand, and Australian Royal Mail Company (Limited) (1867)
  • Unilateral Mistake rarely renders a Contract Void-- Smith v Hughes (1871)
  • Conclusions
  • 8. Mistake of Identity
  • An Absence of Mistake of Identity in English Law
  • Identity Frauds: Criminal Law and the Law of Obligations
  • Hardman v Booth: A Turning Point
  • Cundy v Lindsay: The Beginning of Mistake of Identity
  • The Treatise Writers and the Development of Mistake of Identity
  • New Legislation and a Changed Judicial Approach
  • Conclusions
  • 9. Mistake after Fusion
  • The Judicature Act 1873
  • Equitable Mistake in the Chancery Division of the High Court
  • The Impact of Procedural Unity upon Substantive Law
  • Reform and Perform
  • The Growing Necessity for the Mistake to be Bilateral
  • The Increasing Rigidity of Equitable Relief
  • Substantive Fusion of Mistake
  • A Reduced Ambit for Mistake in Equity
  • Common Law Mistake in the High Court
  • The Importance of Bell v Lever Brothers
  • The Court of Appeal
  • The House of Lords
  • The Importance of Solle v Butcher
  • Conclusions
  • 10. Summary and Conclusions
  • Summary
  • Conclusions
  • Common Law Legal Development
  • Transplants
  • Contractual Mistake in Modern law.

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