ABSTRACT

This chapter deals with situations where a contract is affected by a mistake on the part of one or both parties. The general approach of the English courts and the different categories of mistake are dealt with fi rst. The main topics then discussed are:

■ Mistakes nullifying agreement. This deals with mistakes where the parties have reached agreement, but on the basis of an important mistake – such as the existence of the subject matter.  Performance must be impossible or radically different from that which the

parties had agreed.  But mistakes as to quality will not generally render the contract void.