Irrtum

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Beginning with an overview of contractual mistake in Roman law, this title examines how theories of mistake were received at various points into English contract law from Roman and civil law sources.

It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book …