ABSTRACT
English law rejected the will theory more quickly than continental legal systems. This is reflected in its attitude to mistake. Bargains are sacrosanct. Although there are cases in which contracts will be set aside for mistake, such cases constitute the exception rather than the rule. This attitude is summed up rather neatly in Steyn J’s words in Associated Japanese Bank v Crédit du Nord SA:
While the distinction between mistakes in expression and mistakes in underlying assumption is indeed drawn, both kinds of mistake are treated equally harshly.
