Can a contract be set aside on equitable grounds because of a common fundamental misapprehension?
Alberta, Canada
The following excerpt is from Husky Oil Operations Ltd. v. Forest Oil Corp., 1989 CanLII 3192 (AB QB):
Alternatively, the contract is one which should be set aside on equitable grounds because of a common fundamental misapprehension: see Solle v. Butcher, [1950] 1 K.B. 671, [1949] 2 All E.R. 1107 at 1120 (CA.): A contract is also liable in equity to be set aside if the parties were under a common misapprehension either as to facts or as to their relative and respective rights, provided that the misapprehension was fundamental and that the party seeking to set it aside was not himself at fault.
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