Mistakes in contract law / Catharine MacMillan.

Includes bibliographical references and index.

Print version record.

Prelims; Preface; Contents; Table of Cases; Table of Statutes; 1 Introduction; 2 Contractual Mistake in Roman Law; 3 Contractual Mistake in English Law; 4 The Lack of Contractual Mistake at Common Law and the Nineteenth-century Transformation of Procedure; 5 Pothier and the Development of Mistake in English Contract Law; 6 Von Savigny and the Development of Mistake in English Contract Law; 7 The Creation of Contractual Mistake in Nineteenth-century Common Law; 8 Mistake of Identity; 9 Mistake after Fusion; 10 Summary and Conclusions; Index.

It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. Thes.

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