... of contract. It has created a type of doctrine that looks at both common mistake in law and then if necessary applies the more flexible remedy of equity. It is this application that I believe to be more necessary to the Law of England and Wales, compared to the traditional approach of just looking for common mistake in law. Common mistake occurs when both parties make the same mistake. Each knows the intention of the other and accepts it but each is mistaken about some underlying and fundamental fact. The problem arises when the contractual agreement has already been entered into. As a result of previous court decisions it can be presumed that common mistake in law requires a mistake that must be fundamental. A very narrow and rigid doctrine that can only render a contract void. One category of common mistake is Res Extincta. In the case of Couturier ...

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