The legal principle which applies when there is a mistake of fact on a matter of fundamental importance, common to both parties on a contract, was laid down by Lord Westbury in Cooper v. Phibbs (1867), L.R. 2 H.L. 149 at 170, where he says: … if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be set aside as having proceeded upon a common mistake.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.