The Law of Confusion: An Examination of Misunderstanding, Mistake, and Ignorance in Contract Law

Michigan Academician, Vol. XLV, 347-353 (2018)

7 Pages Posted: 7 Mar 2018 Last revised: 21 Dec 2018

Date Written: 2018

Abstract

Courts have distinguished between several forms of confusion on the part of parties to a contract. This article 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.

Keywords: Contract, Misunderstanding, Mistake, Ignorance, Defense, Legal Education, Remedies

Suggested Citation

Stockmeyer, Norman Otto, The Law of Confusion: An Examination of Misunderstanding, Mistake, and Ignorance in Contract Law (2018). Michigan Academician, Vol. XLV, 347-353 (2018), Available at SSRN: https://ssrn.com/abstract=3132068 or http://dx.doi.org/10.2139/ssrn.3132068

Norman Otto Stockmeyer (Contact Author)

Cooley Law School ( email )

300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States

HOME PAGE: http://www.cooley.edu/faculty/norman-stockmeyer

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