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Mistake and Non-Disclosure of Facts
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Mistake and Non-Disclosure of Facts: Models for English Contract Law

Hugh Beale QC FBA

Abstract

This book examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the book concedes that the English courts require a law that puts great emphasis on certainty and expects partie ... More

Keywords: mistake, non-disclosure of fact, common law, courts, Common European Sales Law, contract, European Commission, English Law

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199593880
Published to Oxford Scholarship Online: September 2012 DOI:10.1093/acprof:oso/9780199593880.001.0001

Authors

Affiliations are at time of print publication.

Hugh Beale QC FBA, author
Professor of Law, University of Warwick