ABSTRACT
The uncertainly surrounding the doctrine of mistake, which arises from conflicting case law, is exacerbated by a difference of opinion amongst academics as to the correct terminology for different types of mistake recognised by the common law. Anson’s Law of Contract recognises two categories of mistake: ‘mutual mistake’; and ‘unilateral mistake’.3 Cheshire, Fifoot and Furmston’s Law of Contract, on the other hand, recognises three categories: ‘common mistake’, ‘mutual mistake’ and ‘unilateral mistake’.4 This chapter follows the terminology of Cheshire.
