Jump to ContentJump to Main Navigation
Foundational Principles of Contract Law$
Users without a subscription are not able to see the full content.

Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

Introduction to Mistake in Contract Law

Introduction to Mistake in Contract Law

(p.551) Thirty-Nine Introduction to Mistake in Contract Law
Foundational Principles of Contract Law

Melvin A. Eisenberg

Oxford University Press

Chapter 39 concerns the effect of mistake in contract law. Traditionally, contract law has recognized four categories of mistake: misunderstanding, unilateral mistake, mutual mistake, and mistranscription. The names of these categories fail to describe contractual mistakes according to their functional characteristics, and many of the rules that govern these categories turn on elements that are of only limited functional significance, easy to manipulate, or both. The first step in developing a functional analysis of mistake is to analyze contractual mistakes on the basis of their character. The second step is to analyze the rules that should govern each type of mistake based on policy, morality, and experience. This chapter sets out the general parameter of these analyses.

Keywords:   mistake, misunderstanding, unilateral mistake, mutual mistake, mistranscription

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .