cover image: The Calcutta Law Journal  Short Notes of Cases  Articles and Other Matters  May 16  1911

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The Calcutta Law Journal Short Notes of Cases Articles and Other Matters May 16 1911

1911

Anson (3) thinks that the subject has been confused in two ways : one from the practice of blending the subjects of mistakes and failure of consideration ; the other from the attempt to ascertain the state of mind of the parties and to distinguish error common to both from error which has misled one. [...] Thus where the seller represents that the article he is selling is of a certain quality and in consequence of the representation the purchaser agrees to buy the contract consists of the offer and acceptance fixing the price and delivery of the article and the previous representation as to the quality while leading the other party into the formation of the contract forms no part of the contr [...] The propriety of applying this presumption outside of the criminal law has been vigorously assailed and the validity of the distinction between mistakes of law and mistakes of fact has little support in reason although it is frequently observed by the Courts. [...] Where the parties agree upon the basis that the fact which ewers itro the form i m of the agreement is doubtful and the consequent risk each is to encounter is taken into consideration in the stipulations assented to the law will afford no relief notwithstanding the mistake of one of the parties provided there be no concealment or unfair dealing by the opposite party. [...] 5TH EDITION CALCUTTA 1909-11.—We avekorne this new edition of the standard work upon the subject of Limitation and Prescription At the time of the death of the learned author it As known that he had collected full materials for a new edition and had seen a considerable portion of the work through the Press.
law
Pages
8
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
Mistake in the Formation and Performance of A Contract
45-52 Hara Chatterjee/, Jnanendranath Bose view

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