The Calcutta Law Journal Short Notes of Cases Articles and other Matters June 1 1911

The subject of mistake in formation is first in order before proceeding to which however the attention of the learned reader is invited to the distinction between (I) the mistake which prevents the formation of a true contract (2) the mistake which though entering into does not prevent the formation of the contract and which may or may not be the ground for relieving one party or the other fr [...] The case of mutual mistake is to be subdivided into (1) the case where the parties do not agr pe in the terms of the offer and acceptance and there is therefore no contract formed and (2) the case where the terms of the offer and acceptance agree but the parties in that agreement both make the same mistake. [...] (6) Where the mistake is as to the existence or non-existence of an individual the parties being in mutual error as to whether the person is dead and the existence of that person is material to the contract the law will grant relief because of the mutual mistake. [...] Where the vendor and vendee each thinks the land contains a certain area and it turns out that there is an error and the difference is so great as to be material and it appears that the price of the land was fixed by the area the law will afford relief and the vendee may recover the excess price if any paid ; and the vendor may recover the balance due because of the greater area conveyed and [...] It appears that where the mistake is such that one of the parties cannot perform the contract as made as where the mutual mitake is as to the existence of the thing sold the existence of natural deposits agreed to be mined mistake as to title with an exception in the case of mutual mistake as to title to a patent the law will give the party who is bound to perform relief from the contrac