The Calcutta Law Journal Short Notes of Cases Articles and other Matters June 16 1911

the business of the community will be at a stand still lf therefore his confidence has been disappointed by the failure to receive the performance bargained for the law must confer a remedy to enable him to recover back the performance and it makes no difference whether the failure of the other party to perform was caused by mutual mistake in the formation of the contract or by any other cause [...] The case of mistake as to the value of land is an exception for several reasons : (I) the value of the land and the influence of the particular mistake on the price can be more easily and accurately ascertained than in a case of personal property ; (2) land has not been generally considered the subject of trade and conjrnerce ; (3) the performance of agreements for the sales of land has always bee [...] The insured applies for insurance the company accepts and the policy which is issued is written evidence of the performance by the insured to wit the payment of the premium and of the obligation assumed by the company and yet to be performed. [...] Where the unilateral mistake is on the part of tlie Insurance Company the rule is different because the contract is one where it is the duty of the insured to disclose matters material to the risk. [...] Thus where the mistake is as to the value of the article sold or as to the quality of the land as the existence of a mine &c.