Divyansh Khare, BA LLB, Narsee Monjee Institute of Management Studies
RESEARCH QUESTION:
Discussion about the mistakes which takes place while the formation in a contract.
RESEARCH OBJECTIVES:
To acquire knowledge about the types of mistake
To understand the forms of exceptions
To learn the essentials needed for the mistake to take place
To study the case laws related to the two types of mistake.
LITERATURE REVIEW
BOOK: MISTAKES IN CONTRACT LAW BY – CATHARAINE MACMILLAN
It is difficult for an English lawyer to foresee the effect of a misunderstanding on the construction of a contract. The theory of error in common law is perplexing, having contradicting theoretical bases and apparently incompatible examples. This book teaches common law theory through an analysis of the doctrine's historical evolution in English law. Beginning with an overview of contractual faults in Roman law, the book investigates how ideas of mistake were received from Roman and civil law sources at various stages in English contract law.These transplants, which were made for pragmatic rather than philosophical reasons, clashed uncomfortably with pre-existing English contract law. The book also looks at the fundamental changes in contractual mistake brought about by the Judicature Act of 1873, as well as the merger of law and equity. The book's historical analysis of contract law mistakes not only gives insights into the nature of innovation and continuity within common law, but also the destiny of legal transplants.
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