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

Norman Otto Stockmeyer

Western Michigan University Cooley Law School

Date Written: March 7, 2018

Abstract

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

Suggested Citation

Stockmeyer, Norman Otto, The Law of Confusion: An Examination of Misunderstanding, Mistake, and Ignorance in Contract Law (March 7, 2018). Available at SSRN: https://ssrn.com/abstract=3132068 or http://dx.doi.org/10.2139/ssrn.3132068

Norman Otto Stockmeyer (Contact Author)

Western Michigan University Cooley Law School ( email )

1352 Hickory Island Drive
Haslett, MI 48840
United States
517-339-2246 (Phone)

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

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