Can a contract be set aside in equity because of a common misapprehension as to the effect of the terms agreed upon?
Saskatchewan, Canada
The following excerpt is from Ivanochko v. Sych, 1967 CanLII 431 (SK CA):
There is no suggestion that either party was at fault here. The oversight was mutual. The parties clearly intended to enter into an agreement for sale but, because of a common misapprehension as to the effect of the terms agreed upon, entered into another arrangement. In Solle v. Butcher [1950] 1 KB 671, at 693, 66 TLR 448, Denning, L.J. stated: “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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