p. 1258. Mistake
- James DevenneyJames DevenneyHead of School and Professor of Transnational Commercial Law, School of Law, University of Reading, UK and McCann FitzGerald Chair of International Law and Business, UCD Sutherland School of Law, University College Dublin, Ireland
Abstract
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. This chapter discusses the three broad classifications of mistake: common, mutual and unilateral. In common mistake (sometimes confusingly referred to as mutual mistake) both parties share the same mistake about a fundamental fact of the contract. With mutual mistake the parties are at cross-purposes but neither realizes it. In unilateral mistake only one of the parties is mistaken and the other party either knows of the mistake or possibly is deemed to know.
