Where the parties enter a contract under a mistake as to some quality of the subject matter, the inquiry should start with the construction of the contract1. Where the contractual intention was that the subject matter was guaranteed by the supplier to have some quality, and it did not, then prima facie the supplier is in breach of his contract2, and the recipient has his remedies accordingly (which may include being relieved of liability to perform)3. Where there is no such intention however, it is unlikely that a mistake as to quality will be construed as sufficient for either
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
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