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Does the law of England and Wales need a doctrine of common mistake?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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DOES THE LAW OF ENGLAND AND WALES NEED A DOCTRINE OF COMMON MISTAKE? Traditionally, the area of mistake has been one of vexed curiosity and a lot of misunderstanding. There has never been a single precedent or written rule governing the doctrine of mistake in England and Wales. It was actually believed at one time that the rules governing common mistake were actually established with 'reasonable clearness'1. This view has since been reviewed in modern times as the cases being dealt with got more complex thus requiring the need for a set or rules or regulations to oversee the entire area of law. The doctrine is required so as to provide some uniformity within the law. Lord Atkin in the Bell case2, identified three types of common mistake, "mistakes as to the identifity of the contracting parties", which relates to a mistake in the law, "mistakes as to the existence...
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