The Law of Confusion: An Examination of Misunderstanding, Mistake, and Ignorance in Contract Law
7 Pages Posted: 7 Mar 2018 Last revised: 13 Mar 2018
Date Written: March 7, 2018
Courts have distinguished between several forms of confusion on the part of parties to a contract. This paper examines the leading cases defining these related states of mind and their differing legal effects. It offers a fresh look at old chestnuts familiar to generations of law students: cases involving two sailing ships, a pregnant cow, and an uncut diamond. And it shares revealing back-stories rarely mentioned in law school (with slides).
Keywords: Contract, Misunderstanding, Mistake, Ignorance, Defense, Legal Education, Remedies
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