Mistake in Equity (Lionel Smith, 13 Apr 2000)

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Sender:	Duncan Sheehan
Date:	Thu, 13 Apr 2000 13:42:05 +0100
Re:	Mistake in Equity

Is that really terribly surprising? Mistakes as to commercial consequences are presumably mispredictions and we know that mispredictions don't count in either restitution or contract, see Lord Hoffmann in Kleinwort Benson, and Dillon LJ in Barder v Barder.

Duncan Sheehan

On Thu, 13 Apr 2000, Lionel Smith wrote:

For what mistakes will equity allow a contract to be set aside? Not a mistake as to its commercial consequences, even if the other party is aware of the mistake, according to Clarion Ltd v National Provident Institution [2000] 2 All ER 265.

Lionel

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