Galloway vs Galloway

Muneeb Riaz SY- B PRN-10020621142

Types of Mistakes
1. Parties at cross-purposes i.e. The parties weren t really in agreement at all 2. Common mistake i.e. The parties really agreed, but on a false basis 3. Special rules about mistakenly signed documents
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Technical Terms
Unilateral mistake = One side is mistaken and the other is not i.e. The parties are at crosspurposes and are not truly agreed
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Common mistake = Both parties are making the same mistake i.e. The parties are really in agreement but on a false basis
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Common mistake = Both parties are making the same mistake i.e. The parties are really in agreement but on a false basis
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Mutual mistake = Both sides are mistaken, but the mistakes are different i.e. The parties are at crosspurposes and are not truly agreed
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Common fundamental mistake i.e. mistakes which are:

Common to both parties Of fundamental importance to their agreement

So the parties are agreed, but on a radically false basis

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What is fundamental ? Fundamental means: something radically wrong with, or unexpected in, the very subject-matter of the agreement But the limits of this are now very controversial
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Galloway v. Galloway (1914)

A married couple separate They both sign a legal separation agreement It then emerges that their marriage was never valid The court holds the contract void
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