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Mistake

Oops I did it again – can a mistake render a contract void?

Daniel Grimwood

In Triple Seven v Azman the court found that although the parties had entered into aircraft leasing contracts on the basis of a common assumption, which turned out to be wrong, the mistake was not sufficiently fundamental to render the contracts void. Even if it had been, the parties had allocated that risk. Nigerian airline Azman Read More

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Restitution of enrichment by mistake – AstraZeneca recovers $2 million for candidate drugs mistakenly interpreted to be ‘Collaboration Compounds’

Robyn Trigg

In Astex Therapeutics v AstraZeneca, AstraZeneca were able to recover $2 million by way of restitution of enrichment for two milestone payments made to Astex by mistake under a collaboration agreement. Astex and AstraZeneca entered into an agreement to develop a BACE inhibitor for treatment of Alzheimer’s disease.  After expiry of the collaboration term, the Read More

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Can we have our money back please, Mister? Payment by mistake

Rainer Evers

The Court of Appeal has looked at payment by mistake. In Graham Leslie v Farrar Construction,Mr Leslie agreed to acquire building sites. He would pay Mr Farrar the “build costs” of developments on those sites, and the parties would split the subsequent sale proceeds 50:50. For a while, all went well. Mr Farrar sent Mr Read More

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