Mistake in Assumptions

Waddams, S. (2014). Mistake in assumptions. Osgoode Hall Law Journal, 51(3), Forthcoming

Osgoode Legal Studies Research Paper No. 52/2014

20 Pages Posted: 25 Jul 2014

Date Written: July 23, 2014

Abstract

Mistake raises several important and difficult questions for contract law. The question addressed here is, when is it an excuse from contractual obligation that a contract has been made under the influence of a mistake of fact? Posed in this form, the question invites attention to aspects of contract law not usually considered in relation to each other, particularly misrepresentation, frustration, and more generally, unjust enrichment, all areas in which Professor McCamus has written extensively. This article brings these areas together with the object of throwing useful light on each of them, both from the point of view of understanding the legal past, and from the point of view of proposing appropriate rules for the future.

Keywords: mistake in assumption, contract law, mistake of fact, misrepresentation, frustration, unjust enrichment, equity, mutual mistake

JEL Classification: K00, K12, K39

Suggested Citation

Waddams, Stephen Michael, Mistake in Assumptions (July 23, 2014). Waddams, S. (2014). Mistake in assumptions. Osgoode Hall Law Journal, 51(3), Forthcoming; Osgoode Legal Studies Research Paper No. 52/2014. Available at SSRN: https://ssrn.com/abstract=2467716

Stephen Michael Waddams (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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