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" But when the word jus is used in the sense of denoting a private right, that maxim Has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law, but if parties contract under a mutual mistake and misapprehension... "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 317
by Massachusetts. Supreme Judicial Court - 1905
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Volume 109

Minnesota. Supreme Court - Law reports, digests, etc - 1910 - 634 pages
...to cases of this character. The maxim, "Ignorantia juris haud excusat," has no application where the parties contract under a mutual mistake and misapprehension as to their relative and respective rights. See, also, Earl Beauchamp v. Winn, 6 LR Eng. & Irish App. Cas. 223 (1873). In Jones v. Clifford, 3...
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The Irish Law Times and Solicitors' Journal, Volume 6

Law - 1872 - 974 pages
...country. But when the word jus is used in the sense of denoting a private law the maxim has no application Private right of ownership is a matter of fact — it may be the rtsult also of law ; but if parties con tract under a mutual mistake and misapprehension as to their...
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Irrtum und Zweckverfehlung: die Rolle der unjust-Gründe bei rechtsgrundlosen ...

Sonja Meier - Conflict of laws - 1999 - 456 pages
...when the wordy'ws is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact; it may be the result also of a matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 108

Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks - Law reports, digests, etc - 1909 - 1046 pages
...ownership of the northerly lot." The court adopts the language of Lord Westbury already quoted, that ''Private right of ownership is a matter of fact. It may be the result also of matter of law; but if the parties contract under a mutual mistake and misapprehension as to their relative and respective...
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Sourcebook on Contract Law

Oughton - Law - 2000 - 826 pages
...and B appears to have had no title at all. To such a case, Lord Westbury applied the principle that if parties contract under a mutual mistake and misapprehension...relative and respective rights the result is that the agreement is liable to be set aside as having proceeded upon a common mistake. Applied to the context,...
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Briefcase on Contract Law

Simon Salzedo, Peter Brunner - Law - 2004 - 304 pages
...Act of Parliament. Held the agreement would be set aside on terms set by the court. Per Lord Westbury 'Private right of ownership is a matter of fact; it may be the result also of a matter of law; but, if parties contract under a mutual mistake and misapprehension as to their relative...
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