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MISTAKE IN CONTRACT: A STUDY IN COMPARATIVE JURISPRUDENCE

McKeag, Edwin C.


Item #: 9641

Pages: 132p.
Published: Union; Lawbook Exchange, Ltd.; 2003.

Subjects: CONTRACTS, COMPARATIVE LAW, JURISPRUDENCE

In contract law there are two types of mistake as determinedby Savigny. The first, echt, represents those cases inwhich consent exists, but the contract is impeachable due tothe determination of mistake. This work examines the secondclass of mistake in contract, unecht, "...in which realconsent is lacking, resulting in the nullity of thecontract, while the mistake is an accompanying feature"(Preface). This class of mistake is traced from Roman lawto common law and modern civil law. Originally published asVolume XXIII, Number 1 in Columbia's series, Studies inHistory, Economics and Public Law.Reprinted by The Lawbook Exchange, Ltd.Distributed by William S. Hein & Co., Inc.

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