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Part IV Validity, 17 Mistake and Error

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 June 2024

Performance of contract — Validity of contract — Formation of contract
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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