It is a matter of some difficulty for the English lawyer to predict
the effect of a misapprehension upon the formation of a contract.
The common law doctrine of mistake is a confused one, with
contradictory theoretical underpinnings and seemingly
irreconcilable cases. This book explains the common law doctrine
through an examination of the historical development of the
doctrine in English law. Beginning with an overview of contractual
mistakes in Roman law, the book examines how theories of mistake
were received at various points into English contract law from
Roman and civil law sources. These transplants, made for pragmatic
rather than principled reasons, combined in an uneasy manner with
the pre-existing English contract law. The book also examines the
substantive changes brought about in contractual mistake by the
Judicature Act 1873 and the fusion of law and equity. Through its
historical examination of mistake in contract law, the book
provides not only insights into the nature of innovation and
continuity within the common law but also the fate of legal
transplants.
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