17.01 The issue of mistake or error is one of the most difficult contract law topics in each and every jurisdiction.1 No one jurisdiction appears to have resolved these difficulties despite the fact the issue is approached from a variety of perspectives. 17.02 One reason for the difficulty is the considerable overlap that exists between mistake and other doctrines. The role of good faith and duties of disclosure in civil law systems and questions of pre-contractual misrepresentation2 in common law systems are often relevant to a situation which may at first appear...
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