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Part IV Validity, 17 Mistake and Error

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Subject(s):
Construction of contract — Formation of contract — Interpretation of contract — Performance of contract — Validity of contract

This chapter tackles common law misinterpretation. It regards mistakes as one of the most difficult contract law topics as it overlaps between other doctrines. A discrepancy between the way the contract has been legally interpreted and the way one party understood the contract is needed to ensure a party could rely on the contract mistake. Mistakes have been a vital concept within civil law jurisdictions, whereas its relative importance within the common law has varied considerably over time and location due to the possibility of misinterpretations. Common law jurisdictions recognize three types of misrepresentation: innocent, negligent, and fraudulent.

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