2023년 2월 6일 월요일
What was the case law from English case Warlow v Harrison?
Warlow v Harrison [1859] is an English contract law case that considered the issue of mistake in contract formation.
In this case, the defendant was offering a mare for sale and advertised it as being in foal. The plaintiff relied on the defendant´s representation and purchased the mare. It turned out that the mare was not in foal, and the plaintiff brought a claim for breach of contract.
The court held that the defendant was not liable for breach of contract, as there was a mistake made by both parties in the formation of the contract. The court held that the mistake as to the condition of the mare, which was material to the contract, made the contract void.
The Warlow v Harrison case established the principle that a contract can be void if there is a mistake as to a material aspect of the contract, and that the mistake must be shared by both parties. This case is significant in English contract law as it confirmed the principle of mutual mistake and its impact on contract formation.
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