Abstract
Discusses the implications for the doctrine of common mistake of the Court of Appeal ruling in Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd on whether a contract for the hire of a ship was void on the ground of common mistake regarding the position of the ship. Reviews the origins of the doctrine of common mistake and the relationship between the doctrine and the implication of terms. Considers the determination of impossibility. Examines the role of equity in common mistake and remedial equitable intervention.
| Original language | English |
|---|---|
| Pages (from-to) | 34-58 |
| Number of pages | 25 |
| Journal | Journal of Business Law |
| Volume | 1 |
| Publication status | Published - 1 Jan 2004 |
Keywords
- common mistake
- Court of Appeal ruling
- Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd
- contract for the hire
- ship
- position
- equity in common mistake
- remedial equitable intervention
- contracts
- law
- legal remedies