Notes to Clark On Contracts
Notes to Clark On Contracts
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But it was held (in strict conformity, it will be seen, with Rule I, supra) that the misapprehension of the parties as to the legal effect of the instrument was not ground for relief, even in equity, and of course it would not be at common law. (See Bispham's Equity, Sec. 187. ) Rule II. But when a person is ignorant or mistaken as to his own antecedent or existing legal rights, interests, estates, duties, liabilities or other relations, either of property or contract, or personal status, and e...nters into some transaction, the legal effect and scope of which he correctly understands with reference to such rights, etc. , but which transaction he would never have entered into if he had known the nature and extent of his rights, etc. , then equity will grant relief, treating the mistake as analo- gous to, if not identical with, a mistake of fact. An example under this second rule is Bingham v. Bingham, 1 Vesey, Sr. , 126, where the defendant sold to the plaintiff an estate which in fact belonged to the plaintiff already, but which both parties be- lieved, under a mistake caused by a misconception of law, to belong to the defendant.
What to read after Notes to Clark On Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Charles a Charles Alfred Graves to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
But it was held (in strict conformity, it will be seen, with Rule I, supra) that the misapprehension of the parties as to the legal effect of the instrument was not ground for relief, even in equity, and of course it would not be at common law. (See Bispham's Equity, Sec. 187. ) Rule II. But when a person is ignorant or mistaken as to his own antecedent or existing legal rights, interests, estates, duties, liabilities or other relations, either of property or contract, or personal status, and e...nters into some transaction, the legal effect and scope of which he correctly understands with reference to such rights, etc. , but which transaction he would never have entered into if he had known the nature and extent of his rights, etc. , then equity will grant relief, treating the mistake as analo- gous to, if not identical with, a mistake of fact. An example under this second rule is Bingham v. Bingham, 1 Vesey, Sr. , 126, where the defendant sold to the plaintiff an estate which in fact belonged to the plaintiff already, but which both parties be- lieved, under a mistake caused by a misconception of law, to belong to the defendant.
What to read after Notes to Clark On Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Charles a Charles Alfred Graves to read onlineMoreLess
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