MAN v CZD Context <Back>
From these module the following arguments about factors of the case can be made:
✓Both parties made a mutual mistake in believing that oil spills are mapped daily since:
• BO ⊢cr DailyOillSpillMap and BE ⊢cr DailyOillSpillMap
• CK ∪ {DayWithoutImage} ⊢sk ¬ DailyOillSpillMap.
• CK ⊢sk Hold(DailyOillSpillMap,E)
✓The mistake violates a basic assumption of the contract since:
•CK ∪ {DayWithoutImage} ⊢sk ¬ DailyCompositeMap
✓ CZD bears the risk of the mistake since BE ⊢cr ¬ DailyOillSpillMap
Let MMIS be a module representing the doctrine of mutual mistake. It is easy to check that it is not the case that MMIS ⊢sk Rescind(CZD, contract). Thus CZD could not rescind from performing the contract on the grounds of mutual mistake doctrine.
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