Unilateral Mistake in Contract: Five Degrees of Fusion of Common Law and Equity: Chwee Kin Keong V. Digilandmall.Com Pte. Ltd

• Main Author: YEO, Tiong Min
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2004
• Subjects: Asian Studies; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/726
• Institution: Singapore Management University

The decision of V.K. Rajah J.C. in the Singapore High Court in Chwee Kin Keong v. Digilandmall.com Pte. Ltd. has the makings of a student's classic for several reasons, including: 1. It presents a textbook example of offer and acceptance. 2. It is set in the context of internet contracting. 3. It involves the use in evidence of email, instantaneous messaging, and short messaging system. This comment focuses on the effect of a unilateral mistake on a contract, particularly on the potential paths of developments following from the case. The court found that the plaintiffs knew or had a real belief, or ought to have known, that the defendant was acting under a mistake that was fundamental and related to an essential term of the contract, and the contract was therefore void under the common law. The court went on to consider the alternative case of unilateral mistake in equity.