Date: Tue, 7 Oct 2008 11:02

From: Andrew Burrows

Subject: Unilateral mistake

Members may not have seen the recent decision of Aikens J on unilateral mistake (mistake known about by the other party): Statoil ASA v Louis Dreyfus Services LP [2008] EWHC 2257 (Comm). On one of the issues in the case, he decides that as there was no unilateral mistake as to a term, the contract was valid at common law, applying Smith v Hughes and distinguishing the Singaporean case of Chwee Kin Keong [2005] 1 SLR 502 which provoked some discussion on this site a few years ago. And he held that, especially in the light of Great Peace, there is no jurisdiction in equity to render a contract voidable for unilateral mistake. It is a very clear analysis of English law on unilateral mistake (although note that rectification was not in issue).

Andrew Burrows

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