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Does The Law Of England And Wales Need A Doctrine Of Common Mistake?
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Does The Law Of England And Wales Need A Doctrine Of Common Mistake? "In the law of contract two things regularly recur, respect for the sanctity of contract and the need to give effect to the reasonable expectations of honest men."1 This statement highlights the differing remedies provided in common mistake. This was provoked by Denning's application in Solle v. Butcher [1950]2of a more wider and flexible remedy in common mistake, in the form of equity. Although the advantages of each are presented by Lord Steyn in the statement above, confusion and an overlapping in the application of the two jurisdictions has caused inconsistency in successive court rulings of common mistake. A comparison of Bell v. Lever Bros. [1932]3 against McGee v. Pennine Insurance [1969]4 highlights this problem. Suggestions have been made to merge the two jurisdictions into one single unified doctrine of common mistake to overcome this concern. This proposal has...
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