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 - now in paperback - 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,
were 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.
General
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