Tamplin v James
http://dbpedia.org/resource/Tamplin_v_James an entity of type: Abstraction100002137
Tamplin v James (1880) 15 Ch D 215 is an English contract law case concerning the availability of specific performance for a breach of contract induced by mistake. The case established that if a person enters a contract under a mistake that was not induced by the other party to the contract, specific performance may be awarded against the person if no hardship amounting to clear injustice would be inflicted on the person by holding him/her to the contract.
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Tamplin v James
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Tamplin v James
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24912954
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1082982596
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15
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James LJ, Brett LJ and Cotton LJ
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Contract, sale of land, mistake, specific performance
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Tamplin v James (1880) 15 Ch D 215 is an English contract law case concerning the availability of specific performance for a breach of contract induced by mistake. The case established that if a person enters a contract under a mistake that was not induced by the other party to the contract, specific performance may be awarded against the person if no hardship amounting to clear injustice would be inflicted on the person by holding him/her to the contract. The High Court of Australia has described its proposition as "a party to a contract cannot... escape specific performance by simply swearing that he did not understand it".
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1879-07-13
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6343