Title

Unilateral Mistake in Contract: Five Degrees of Fusion of Common Law and Equity: Chwee Kin Keong V. Digilandmall.Com Pte. Ltd

Publication Type

Journal Article

Publication Date

2004

Abstract

The decision of V.K. Rajah J.C. in the Singapore High Court in Chwee Kin Keong v. Digilandmall.com Pte. Ltd. has the makings of a student's classic for several reasons, including: 1. It presents a textbook example of offer and acceptance. 2. It is set in the context of internet contracting. 3. It involves the use in evidence of email, instantaneous messaging, and short messaging system. This comment focuses on the effect of a unilateral mistake on a contract, particularly on the potential paths of developments following from the case. The court found that the plaintiffs knew or had a real belief, or ought to have known, that the defendant was acting under a mistake that was fundamental and related to an essential term of the contract, and the contract was therefore void under the common law. The court went on to consider the alternative case of unilateral mistake in equity.

Discipline

Asian Studies | Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Singapore Journal of Legal Studies

Volume

2004

Issue

1

First Page

227

Last Page

240

ISSN

0218-2173

Publisher

National University of Singapore Faculty of Law

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