Source: All England Reporter
Publisher Citation: [2002] All ER (D) 184 (Oct)
Neutral Citation: [2002] EWCA Civ 1407
Court: Court of Appeal, Civil Division

Lord Phillips MR, May and Laws LJJ

Representation Huw Davies (instructed by Stephenson Harwood) for the claimant.
  John Reeder QC and Rachel Toney (instructed by Shaw & Croft) for the defendant.
Judgment Dates: 14 October 2002


Contract - Mistake - Recission - Common mistake - Effect of common mistake - Mistake not rendering subject matter of contract essentially and radically different from that which had been believed by parties.

The Case

At common law a common mistake would not avoid a contract unless it rendered the subject matter of the contract essentially and radically different from the subject matter which the parties had believed to exist. There was no jurisdiction to grant recission of a contract on the ground of common mistake where that contract was valid and enforceable on ordinary principles of common law.

Practice Areas

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