Taylor v Johnson [1983] HCA 5

ON THIS DAY in 1983, the High Court of Australia delivered Taylor v Johnson [1983] HCA 5; (1983) 151 CLR 422 (23 February 1983)

Per Mason ACJ, Murphy and Deane JJ “…a party who has entered into a written contract under a serious mistake about its contents in relation to a fundamental term will be entitled in equity to an order rescinding the contract if the other party is aware that circumstances exist which indicate that the first party is entering the contract under some serious mistake or misapprehension about either the content or subject matter of that term and deliberately sets out to ensure that the first party does not become aware of the existence of his mistake or misapprehension.” (at 342).

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