Errors in Language

Paper Summary:

This paper examines the concept of mistakes, as it compares and contrasts the role of mistakes in English contract law and German contract law. Also, the paper presents a report that confirms the role of mistakes in English contract law which complements, more than contrasts, German contract law. The paper explores various questions about how mistakes are dealt with in both English and German contract law.

From the Paper:

"The equities of the party relying on the declaration are protected by his/her claim for negative damages. The adoption of the subjective standard will no doubt increase litigation and make the decision of actual cases more difficult. Also, ingenious council may routinely occupy much of the courts' time with discussions as to the probable operation of a given mind under hypothetical circumstances. If the other party is clearly entitled either to positive or two negative damages, the court will frequently find a difficult challenge deciding the management of damages are to be measured".

Sample of Sources Used:

• The Columbia World of Quotations. (1996). New York: Columbia University Press, 1996. 9 January 2008 < www.bartleby.com/66/>.
• Duhaime, Lloyd . "Mistake, Rectification & Misrepresentation." (2007, May 7). 9 January 2008 <http://www.duhaime.org/LegalResources/Contracts/tabid/339/articleType/ArticleView/ rticleId/90/Default.aspx>.
• Gordley, James, ed. The Enforceability of Promises in European Contract Law. Cambridge, England: Cambridge University Press, 2001. Questia. 9 Jan. 2008 <http://www.questia.com/PM.qst?a=o&d=105014728>.
• Chen-Wishart, Mindy. "6In Defence of Unjust Factors: a Study of Rescission for Duress, Fraud and Exploitation." Unjustified Enrichment Key Issues in Comparative Perspective. Ed. David Johnston and Reinhard Zimmermann. Cambridge, England: Cambridge University Press, 2002. 159-193. Questia. 9 Jan. 2008 <http://www.questia.com/PM.qst?a=o&d=105072254>.
• Du Plessis, Jacques. "7 Fraud, Duress and Unjustified Enrichment: a Civil-Law Perspective." Unjustified Enrichment Key Issues in Comparative Perspective. Ed. David Johnston and Reinhard Zimmermann. Cambridge, England: Cambridge University Press, 2002. 194 224. Questia. 9 Jan. 2008 <http://www.questia.com/PM.qst?a=o&d=105072273>.

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