Tracing the Modern Criticism of the Mistake of Law Bar

Norwich Law School Working Paper Series no. NLSWP 09/01

12 Pages Posted: 3 Apr 2009 Last revised: 9 Apr 2009

See all articles by Duncan Sheehan

Duncan Sheehan

University of Leeds, Law School

Date Written: April 2, 2009

Abstract

This paper traces the origins of the criticisms of the mistake of law bar. The actual criticisms are well known and well rehearsed. What is less discussed is who first criticized the bar and how their arguments affected others and drove the increasing and then dominant view in England that the mistake of law bar had to be abolished. The paper argues that the most immediate influences came after the mid twentieth century with the publication of the first edition of Goff and Jones and the New Zealand Judicature (Amendment) Act 1958. The paper traces the influences on the book and the legislation and how the opposition to the bar then snowballed.

Keywords: Mistake of Law, Restitution, Modern Legal History

JEL Classification: K12

Suggested Citation

Sheehan, Duncan, Tracing the Modern Criticism of the Mistake of Law Bar (April 2, 2009). Norwich Law School Working Paper Series no. NLSWP 09/01, Available at SSRN: https://ssrn.com/abstract=1372314 or http://dx.doi.org/10.2139/ssrn.1372314

Duncan Sheehan (Contact Author)

University of Leeds, Law School ( email )

Leeds, LS2 9JT
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
98
Abstract Views
1,033
Rank
535,007
PlumX Metrics