Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz

Mistake is possibly the most obscure part of the law of contract. The 'textbook writers for instance Cheshire Fifoot and Anson suggest that mistake is a. magic doctrine in English law which may avoid a contract even where an offer has been accepted in its identical terms. Judges frequently use...

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Main Author:	Abdul Aziz, Abdul Razak
Format:	Student Project
Language:	English
Published:	Faculty of Law 1983
Subjects:	K Law in general. Comparative and uniform law. Jurisprudence
Online Access:	http://ir.uitm.edu.my/id/eprint/27267/ http://ir.uitm.edu.my/id/eprint/27267/1/PPd_ABDUL%20RAZAK%20ABDUL%20AZIZ%20LW%2083_5.pdf

id	uitm-27267
recordtype	eprints
spelling	uitm-272672020-01-15T01:47:10Z http://ir.uitm.edu.my/id/eprint/27267/ Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz Abdul Aziz, Abdul Razak K Law in general. Comparative and uniform law. Jurisprudence Mistake is possibly the most obscure part of the law of contract. The 'textbook writers for instance Cheshire Fifoot and Anson suggest that mistake is a. magic doctrine in English law which may avoid a contract even where an offer has been accepted in its identical terms. Judges frequently use the word mistake but it is submitted that mistake itself is irrelevent at law. It may only be a ground for affording a party, some relief in Equity. A contract can only be void in law if there are elements which would prevent the parties to it from being ad idem. It could pe therefore be said that the meaning of mistake at law is very restrictive. This restrictive scope is adopted by the English Legal System. At law mistake as understood by a layman is not relevant. A layman might well believe that where a person enters into a contract under a misapprehension of certain, facts the contract should not be enforced. But, falling to the restrictive meaning, this cannot be so. The law does not declare a contract void merely because one or bctth parties would not have made it )lad the true facts been known. Faculty of Law 1983 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/27267/1/PPd_ABDUL%20RAZAK%20ABDUL%20AZIZ%20LW%2083_5.pdf Abdul Aziz, Abdul Razak (1983) Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz. [Student Project] (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	K Law in general. Comparative and uniform law. Jurisprudence
spellingShingle	K Law in general. Comparative and uniform law. Jurisprudence Abdul Aziz, Abdul Razak Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz
description	Mistake is possibly the most obscure part of the law of contract. The 'textbook writers for instance Cheshire Fifoot and Anson suggest that mistake is a. magic doctrine in English law which may avoid a contract even where an offer has been accepted in its identical terms. Judges frequently use the word mistake but it is submitted that mistake itself is irrelevent at law. It may only be a ground for affording a party, some relief in Equity. A contract can only be void in law if there are elements which would prevent the parties to it from being ad idem. It could pe therefore be said that the meaning of mistake at law is very restrictive. This restrictive scope is adopted by the English Legal System. At law mistake as understood by a layman is not relevant. A layman might well believe that where a person enters into a contract under a misapprehension of certain, facts the contract should not be enforced. But, falling to the restrictive meaning, this cannot be so. The law does not declare a contract void merely because one or bctth parties would not have made it )lad the true facts been known.
format	Student Project
author	Abdul Aziz, Abdul Razak
author_facet	Abdul Aziz, Abdul Razak
author_sort	Abdul Aziz, Abdul Razak
title	Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz
title_short	Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz
title_full	Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz
title_fullStr	Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz
title_full_unstemmed	Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz
title_sort	mistake the vitiating element of a contract / abdul razak abdul aziz
publisher	Faculty of Law
publishDate	1983
url	http://ir.uitm.edu.my/id/eprint/27267/ http://ir.uitm.edu.my/id/eprint/27267/1/PPd_ABDUL%20RAZAK%20ABDUL%20AZIZ%20LW%2083_5.pdf
first_indexed	2023-09-18T23:18:08Z
last_indexed	2023-09-18T23:18:08Z
_version_	1777419250531565568

Mistake the vitiating element of a contract / Abdul Razak Abdul Aziz

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