BU231 Lecture Notes - Lecture 4: Rescission, Undue Influence, All England Law Reports
Document Summary
Chapter 9 grounds upon which a contract may be set aside. Mistake in the terms of the contract. Mistake in assumptions about the subject matter of the contract. Mistake about the identity of a party to the contract. Mistakes about the nature of a signed document. If yes, then despite proper formation, k would not be enforceable it would be voidable at the option of the party that made the mistake: mistake when reducing the terms to writing. Had an oral negotiation, but now there is an error in a legal document when someone recorded it. You do not want to redo the contract, you just want to fix it. Courts do not like to interfere with contracts. Ask for rectification, but if this is not possible, then ask for restriction: court may grant rectification, but only where: Court is satisfied that there was a complete agreement; The parties did not engage in further negotiations; and.
