chapter  6
‘In the early history of contract law, the common law’s preoccupation with consideration made the development of a doctrine of mistake impossible.’ Why?
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The plaintiffs brought an action for possession of the defendants’ house which had been charged to the plaintiffs as security for a loan. The charge had been signed by the defendants, but only because they had been misled as to the nature of the document by their son. The judge dismissed the plaintiffs’ claim on the basis of non est factum and an appeal to the Court of Appeal was unsuccessful.