Mistake in Contract a Study in Comparative Jurisprudence
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In our eReader you can find the full English version of the book. Read Mistake in Contract a Study in Comparative Jurisprudence Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Mistake in Contract a Study in Comparative Jurisprudence
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For all practical purposes our conflict of view is immaterial." He asserts in another passage that the cases [in which mistake will vitiate an agreement] are ex- ceptions td an almost universal rule that a man is bound by an agreement to which he has expressed his assent in unequivocal terms, uninfluenced by falsehood, violence, or oppression. If he has exhibited all the outward signs of agreement the law will hold that he has agreed.' In stating these exceptions (he follows the customary class...i- fication ; but he remarks that mistake as to the nature of the transaction arises almost of necessity from misrepresenta- tion, and he narrows the field of mistake as to the subject- matter by treating many of the cases usually brought under this head as cases of failure of performance.* Kerr fails clearly to separate mistake from fraud and mis- ' Holland's rule in this class of cases is clearly derived from Leonhard.
See Holland, op. cit., p. 252, note i.'i 'Anson, Principles of the English Law of Contract (sth ed., 18 p.
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To quickly assess the difficulty of the text, read a short excerpt:
For all practical purposes our conflict of view is immaterial." He asserts in another passage that the cases [in which mistake will vitiate an agreement] are ex- ceptions td an almost universal rule that a man is bound by an agreement to which he has expressed his assent in unequivocal terms, uninfluenced by falsehood, violence, or oppression. If he has exhibited all the outward signs of agreement the law will hold that he has agreed.' In stating these exceptions (he follows the customary class...i- fication ; but he remarks that mistake as to the nature of the transaction arises almost of necessity from misrepresenta- tion, and he narrows the field of mistake as to the subject- matter by treating many of the cases usually brought under this head as cases of failure of performance.* Kerr fails clearly to separate mistake from fraud and mis- ' Holland's rule in this class of cases is clearly derived from Leonhard.
See Holland, op. cit., p. 252, note i.'i 'Anson, Principles of the English Law of Contract (sth ed., 18 p.
What to read after Mistake in Contract a Study in Comparative Jurisprudence?
You can find similar books in the "Read Also" column, or choose other free books by Edwin Corwin Mckeag to read onlineMoreLess
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