Title

Unilateral Mistake in Law and Equity: Solle v Butcher Reinstated

Publication Type

Journal Article

Publication Date

2006

Abstract

In Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd, the English Court of Appeal decided that Solle v Butcher was wrong to hold that there was an equitable doctrine of common mistakes. In Chwee Kin Keong v Digilandmall.com Pte Ltd, the Singapore Court of Appeal was asked to consider if the decision in Great Peace Shipping also had the effect of excluding equity’s jurisdiction to rescind contracts on account of unilateral mistakes. The Singapore appellate court held that it did not. Remarkably, in addition to redefining the boundaries of law and equity as regards unilateral mistakes, the court’s reasoning also suggests that, in Singapore, equity’s jurisdiction to deal with common mistake (as derived from Solle v Butcher) might very well have survived Great Peace Shipping.

Discipline

Asian Studies | Contracts | Transportation Law

Research Areas

Commercial Law

Publication

Journal of Contract Law

Volume

22

Issue

1

First Page

81

Last Page

88

ISSN

1030-7230

Publisher

Butterworths

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