ERROR IN SUBSTANTIALIBUS A CANADIAN COMEDY OF ERRORS
AbstractThis article claims that the law in relation to contractual errors in substantialibus is utterly confused, misguided and judicially one-sided. It explains the doctrine in comparison to the various categories of common law mistake, and proceeds to illustrate its alien nature by revealing its origins in Scottish and Roman law. The author then traces the incorporation of both doctrines into the common law, reviewing the English and Canadian case law on both, and concludes that the law became confused when Canadian courts tried to incorporate a variation on the doctrine of mistake that could not be supported by the common law.
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