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Mistake and Non-Disclosure of Facts: Models for English Contract Law

Hugh Beale QC FBA

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199593880
eISBN:
9780191745362
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593880.001.0001
Subject:
Law, Law of Obligations

This book examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like ... More


Defining the Issues

Hugh Beale

in Mistake and Non-Disclosure of Facts: Models for English Contract Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199593880
eISBN:
9780191745362
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593880.003.0001
Subject:
Law, Law of Obligations

This chapter tries to determine whether English law is right to adopt an individualist attitude, or whether it should shift towards the German position, which is generally representative of most ... More


The Representation

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0005
Subject:
Law, Law of Obligations

Estoppel is triggered by words, behaviour, or silence leading someone to believe in a state of affairs. A word that can be used as a shorthand for this is ‘representation’, which has a long ... More


Relevance of Mistakes of Law

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0010
Subject:
Law, Law of Obligations

Because of ‘Ignorantia juris non excusat’ — one of the maxims that are fondly associated with law and compared with mistakes of fact — mistakes of law are often perceived to be without relevance. ... More


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