Unilateral Mistake in Law and Equity: Solle v Butcher Reinstated

• Main Author: LEE, Pey Woan
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2006
• Subjects: Asian Studies; Contracts; Transportation Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/772
• Institution: Singapore Management University

In Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd, the English Court of Appeal decided that Solle v Butcher was wrong to hold that there was an equitable doctrine of common mistakes. In Chwee Kin Keong v Digilandmall.com Pte Ltd, the Singapore Court of Appeal was asked to consider if the decision in Great Peace Shipping also had the effect of excluding equity’s jurisdiction to rescind contracts on account of unilateral mistakes. The Singapore appellate court held that it did not. Remarkably, in addition to redefining the boundaries of law and equity as regards unilateral mistakes, the court’s reasoning also suggests that, in Singapore, equity’s jurisdiction to deal with common mistake (as derived from Solle v Butcher) might very well have survived Great Peace Shipping.