The Law of Confusion: An Examination of Misunderstanding, Mistake, and Ignorance in Contract Law

Courts have distinguished between several forms of confusion on the part of parties to a contract. This article examines the leading cases defining these related states of mind and their differing legal effects. It offers a fresh look at old chestnuts familiar to generations of law students: cases involving two sailing ships, a pregnant cow, and an uncut diamond. And it shares revealing backstories rarely mentioned in law school.