7. Consequences of mistake at common law.

(iii)     Consequences of Mistake

7.     Consequences of mistake at common law.

At common law a mistake, if it operates at all, will generally negative consent1. However, it will not so operate where the mistake was not material (that is, the mistaken party would still have consented if he had known the true position)2. Thus where A intends to sell one thing, and B to buy another, there is no contract, even though A and B mistakenly think (or A alone thinks) that they are referring to the same thing3. Similarly if the mistake is over terms rather than