Mistake And Equity

Question 1

Solle v Butcher

Answer 1

Old law, now been overruled.

Introduced equitable remedy of rescission for fundamental mistakes that don’t go to the route of the contract.

Question 2

Great Peace

Answer 2

Overruled Solle v Butcher as it wasn’t applied by the House of Lords in Bell v Lever Bros.
Current approach is not so restrictive that equity is hardly ever used.

Question 3

Joscelyne b Nissen

Answer 3

Question of whether you can prove that the parties agreed/intended something other than what’s written down.