… This article is highly recommended. From a similar starting point, and drawing similar distinctions, I would go further. In the law of Contract, the mistake that will render a contract void at law is a fundamental one (see, eg, Bell v Lever Bros Ltd [1932] AC 161, [1931] UKHL 2 (15 December 1931); Fitzsimons v O’Hanlon [1999] 2 ILRM 551 (Budd J)). It used to be thought that, where there was no contract, a claim in Restitution for Unjust Enrichment based on mistake should apply the same test, that the mistake was a fundamental one (see, eg, Norwich Union Fire Insurance Society Ltd v Wm H Price Ltd [1934] AC 455, [1934] UKPC 24 (8 May 1934); National Bank v O’Connor & Bowmaker (1969) 103 ILTR 73 (Budd J)) … (more)
[Eoin O’Dell, Cearta, 22 May 2024]
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