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Words: | Submitted: Mon Jun 19 2006
... contract." The last two categories of mistake deal more with mistake in equity rather than law. For a mistake in law, the precedent for this is the ruling by lord atkin in the case of Bell v. Lever Brothers Ltd. The foundation for this doctrine is his elucidation of the position of the law, which he sets out in his summary. The basis of this doctrine is the idea that once parties have agreed to the "essentials of the formation of contracts" which means they agree on the "same terms on the same subject-matter"3. As soon as they have made this agreement then they are bound. This idea does not allow for mistakes unless there is a misunderstanding on the terms of the agreement. This is done on an objective basis and the law ruling this is based on the reasonable man test. The trouble arises when the agreement is ...
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