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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Alleviating Mistakes - Reversal and Forgiveness for Flawed Perceptions (Hardcover, New)
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Alleviating Mistakes - Reversal and Forgiveness for Flawed Perceptions (Hardcover, New)
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How often our actions go awry because our perceptions are at odds
with reality! This book examines the legal issues that arise when
we seek to avoid the untoward consequences of an action by claiming
that our perception was flawed. We all make mistakes. Some have
unfortunate consequences: we might overpay a debt or make an
unfavourable contract, or we might be sued or accused of a crime as
a result of our mistake.
Claims to alleviation on the grounds of mistake are likely to
arise wherever the law prescribes a state of mind (some kind of
intent) as a prerequisite for the application of a legal rule. This
book asks when the fact that a person made a mistake should entitle
them to alleviation. This may involve the intention to enter into a
contract or a payment, in which case a person could seek its
reversal, or it might involve the intent to commit a tort or crime,
in which case they could seek forgiveness for the offence.
Farnsworth defines 'alleviating' mistakes as those which entitle a
person to relief from untoward consequences of their mistake.
There is no general 'law of mistake', and despite their
similarities, few discussions of mistake in one setting pause to
consider mistakes in other contexts. The goals of fields as
disparate as contracts and criminal law are very different: how do
these differences affect the treatment of mistakes? Farnsworth sets
out a new taxonomy of mistakes. His analysis reveals that over the
past century, there has been a remarkable increase in the
receptivity of courts and scholars to claims for both reversal and
forgiveness--a waxing of alleviating mistakes.
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