What is the legal principle which applies when there is a mistake of fact on a contract?

Alberta, Canada


The following excerpt is from Husky Oil Operations Ltd. v. Forest Oil Corp., 1989 CanLII 3192 (AB QB):

The legal principle which applies when there is a mistake of fact on a matter of fundamental importance, common to both parties on a contract, was laid down by Lord Westbury in Cooper v. Phibbs (1867), L.R. 2 H.L. 149 at 170, where he says: … if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be set aside as having proceeded upon a common mistake.

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