Common mistake in equity: some unanswered questions

Swain, Warren (2015) Common mistake in equity: some unanswered questions. Australian Bar Review, 40 2: 124-135.

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Name Description MIMEType Size Downloads
Author Swain, Warren
Title Common mistake in equity: some unanswered questions
Journal name Australian Bar Review
ISSN 0814-8589
Publication date 2015
Year available 2015
Sub-type Article (original research)
Open Access Status Not Open Access
Volume 40
Issue 2
Start page 124
End page 135
Total pages 12
Place of publication Chatswood, Australia
Publisher LexisNexis Butterworths
Collection year 2016
Language eng
Formatted abstract
If coherence is to be restored to this area of our law, it can only be by declaring that there is no jurisdiction to grant rescission of a contract on the ground of common mistake where that contract is valid and enforceable on ordinary principles of contract law.1

The High Court in Taylor unreservedly endorsed the Solle v Butcher approach.2

It is apparent that while there are serious doubts about the application of the rule in Solle v Butcher or some like equitable principle enabling the setting aside of a contract, otherwise valid at law, there is no binding authority requiring that result. 3
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2016 Collection
TC Beirne School of Law Publications
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Created: Fri, 22 Jan 2016, 17:12:35 EST by Carmen Buttery on behalf of T.C. Beirne School of Law