The doctrines of mutual or unilateral mistake could not be applied before the court had first considered any allocation of that risk under the contract. A party seeking to set aside a contract on the basis of an unconscionable bargain had to show more than harshness by the other party, he had to establish some impropriety, both as to the terms of the agreement and the way in which it had been reached.
Citations:
Times 03-May-2001
Jurisdiction:
England and Wales
Contract
Updated: 28 April 2022; Ref: scu.82665