In a judgment delivered on October 14, 2002, the Court concluded that the 1950 case of Solle v. Butcher could not stand in the face of the earlier decision of the House of Lords in Bell v. Lever Bros. Their employment contracts were said to last 5 years. Bell v Lever Bros [1932] AC 161 Case summary . Bell v Lever Brothers Ltd [1932] AC 161 is an English contract law case decided by the House of Lords.Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. In the point of view of Bell and Snelling, it is the right of entitling the "Golden Parachutes" they are selling. This right does not exist since they speculated. Bell had wanted to run the new United Africa Company, because he was too old at 54 to have a job in the City, and he had left his Barclays position. 14th Jun 2019 Case Summary Reference this In-house law team Jurisdiction(s): UK Law. Bell v Lever Brothers Ltd (1932) Source: The New Oxford Companion to Law Author(s): Catherine MacMillan. ltd? Bell v Lever Bros Ltd [1932] AC 218 Practical Law Resource ID 1-625-3161 (Approx. Leaf v Int Galleries [1950] 2 KB 86 Case summary . It is therefore no longer useful to invoke the civilian distinction. This short essay submits that the above assertion is true as far as ‘mistake’ under the law of contract is concerned. Bell v Lever Brothers Ltd [1932] AC 161. Lever Brothers in substance was buying the right to 'extinguish' Bell and Snelling. Lord Atkin, in deciding Bell v. Lever Bros establishes a substantive test for mistake: From the facts the Court found that the mistake was not sufficiently close to the actual subject-matter of the agreement. Lever Brothers Ltd.), the principle enunciated in Bell v. Lever Brothers Ltd is markedly narrower in scope than the civilian doctrine. It is in no way impaired by Bell v Lever Bros Ld, which was treated in the House of Lords as a case at law depending on whether the contract was a nullity or not. The Court identified the mistake as a common mistake. About Legal Case Notes. brothers? Also in Scottish Co-operative Wholesale Society Ltd v Meyer,[1] Lord Denning remarked the following, in the context to the equivalent of an unfair prejudice action under UK company law. Bell v Lever Brothers 1932, HL. The company was then merged with a former competitor (African and Eastern Trade Corporation) to form the United Africa Company in 1929. But it is at the risk now of an application under section 210 if he subordinates the interests of the one company to those of the other. The jury found that Bell and Snelling's illicit dealings breached the employment contract and that if the Lever Brothers had known they would not have entered into the agreement. Like this case study. Tesco Stores Limited v Pook and others [2004] IRLR 618 Bell v Lever Bros [1932] AC 161 Case summary last updated at 02/01/2020 16:59 by the Oxbridge Notes in-house law team. Case Summary However shortly after, and before the $30,000 was paid, it became apparent that Bell had been involved in some dodgy practices and illegal conduct.. The personal trading that had happened during the employment was not related to the subject matter of the contract and was said to be minor compared to the profits Mr Bell had made for Lever Bros Ltd. Only a mistake to the identity of the parties or of subject matter to the contract, as well as an item’s quality, would be able to successfully negate consent and therefore void a contract, as if it had never existed. Like this case study. Appeal from – Bell v Lever Brothers Ltd CA ([1931] 1 KB 557) The court was asked as to the duties of a company director: ‘It does not seem to me open to question that the directors of a company occupy a fiduciary position towards the company, with the result that they cannot retain a benefit they have . Bell v Lever Brothers Ltd [1931] UKHL 2 is an English contract law case decided by the House of Lords. Without knowledge of this, Lever Bros Ltd made an offer of redundancy to Mr Bell, terminating his contract and offering a £30,000 payment as compensation. Bell v Lever Brothers Ltd (1932) Source: The New Oxford Companion to Law Author(s): Catherine MacMillan. House of Lords Bell was employed by Lever Brothers to act as chairman of the Niger Company. v.LEVER BROTHERS, LTD., AND ANOTHER. Cooper negotiated a loan from Barclays Bank, which insisted that a professional management run the Niger subsidiary. British Red Cross v Werry [2017] EWHC 875 (Ch) WTLR Issue: Summer 2017 #168. The case put a high standard on the finding of common mistake. Mahmud v BCCI [1998] AC 20. A mutual mistake is one where the parties are at cross purposes. This case is about common mistake. Cooper negotiated a loan from Barclays Bank, which insisted that a professional management run the Ni… The courts apply an objective test to see if the contract can be saved. Lever Bros, hired D’Arcy Cooper to be the chairman and manage the crisis. The main issue in this case was whether the redundancy contract that was created and accepted by Mr Bell, could be void by common mistake, due to later finding out about his personal trading. also ignores equitable mistake doctrine, but comes to the opposite conclusion to that of Winn L.J. Bell v Lever Bros Ltd 1. Furthermore, the jury found that at the time of the agreement Bell and Snelling did not have in mind their illicit acts. [citation needed] Gray's Inn. 2. BELL and ANOTHER . You can look up the words in the phrase individually using these links: bell? Bell v Lever Brothers Limited [1932] AC 161. Mutual mistake . Like Student Law Notes. As a result of this the Niger Company no longer required a chairman. He also gave the leading judgment in Bell v. Lever Brothers Ltd., as of 2012, still the leading authority on common mistake under English law. (A question mark next to a word above means that we couldn't find it, but clicking the word might provide spelling suggestions.) "Your Lordships were referred to Bell v Lever Brothers Ltd where Lord Blanesburgh said that a director of one company was at liberty to become a director also of a rival company. Great Peace Shipping v Tsavliris (International) Ltd [2003] QB 679 Case summary . VAT Registration No: 842417633. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Also known as: Lever Bros Ltd v Bell. Patricia Deeley (Miss Deeley) lived with her unmarried partner, Peter Harding (Mr Harding) in his flat at 87 Beckenham Lane, Bromley (the property) from 1962 to 2008. CASELAWYER (DENIS MARINGO): BELL V. LEVER BROS. LTD [1932 ... ... B In an article by JC Smith, "Contracts- mistake, frustration and implied terms", it is suggested that Bell v. Lever Brothers can be analysed into cases of res sua and res extincta. Lord Warrington of Clyffe. Sybron Corporation v Rochem Limited [1983] 2 All ER 707. In Bell v Lever Bros Ltd the House of Lords found that a contract concerning an agreement to pay a managing director a certain sum upon termination of his contract was entered into under a common mistake. House of Lords Bell was employed by Lever Brothers to act as chairman of the Niger Company. Furthermore, the jury found that at the time of the agreement Bell and Snelling did not have in mind their illicit acts. How do I set a reading intention. Trong lĩnh vực sai lầm trong luật pháp tiếng Anh, người ta cho rằng sai lầm phổ biến không dẫn đến hợp đồng vô hiệu trừ khi sai lầm là cơ bản đối với bản sắc của hợp đồng. How do I set a reading intention. Free resources to assist you with your legal studies! Lever Brothers Limited (Lever Bros) was a company which traded in West Africa, through a 99% owned subsidiary called the Niger Company. We also have a number of samples, each written to a specific grade, to illustrate the work delivered by our academic services. Bell v Lever Bros (1932) AC 161. As a result of this the Niger Company no longer required a chairman. Mistake. lever? BELL and ANOTHER . However having discussed Bell v Lever Bros And the older case law it is essential that you go on to discuss the more recent case of The Great Peace and the fivefold test set out by Lord Phillips. Citation: Bell v Lever Brothers Ltd [1932] AC 161 This information can be found in the Casebook: Paterson, Robertson & Duke, Contract: Cases and Materials (Lawbook Co, … The Niger trade was in trouble. The Inn had been at a low ebb when Atkin joined. Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. Bell v Lever Brothers [1932] AC 161. Bell v Lever Bros [1932] Benn v Hardinge [1992] Bentley v Brudzinski [1982] Bentley v Craven (1853) Berkeley v Hardy (1826) Berrisford v Mexfield Housing Co-operative Ltd [2011] Beswick v Beswick [1967] Bici v Ministry of Defence [2004] Billings & Sons v Riden [1958] Billson v Residential Apartments [1992] Binions v Evans [1972] Bird v Jones [1859] Like Student Law Notes. mistake that renders contract a nullity Facts: company amalgamates with another company, consequently terminates two employees with compensation, however the two employees were engaged in acts that would have allowed termination without compensation. Wright J therefore held the compensation agreements were void. Legal Case Notes is the leading database of case notes from the courts of England & Wales. Lord Atkin was writing for the majority. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. Bell v Lever Brothers Ltd [1931] UKHL 2 is an English contract law case decided by the House of Lords. They did well, and turned a profit. In 1929 the Niger Company merged with another company. 1 page) Lord Leverhulme, the owner of Lever Bros, hired D'Arcy Cooper (a Quaker and senior partner of his uncle's accountant firm, Cooper Brothers) to be the chairman and manage the crisis. A mutual mistake is one where the parties are at cross purposes. Overview. Registered Data Controller No: Z1821391. In order for the contract to be void by common mistake the mistake must involve the actual subject-matter of the agreement and must be of such a "fundamental character as to constitute an underlying assumption without which the parties would not have entered into the agreements". By michael Posted on November 28, 2017 Uncategorized. In the point of view of Lever Brothers, they are in substance buying a right they already had, that is extinguishing Bell and Snelling without paying a cent. Bell v Lever Brothers Ltd UKHL 2 is an English contract law case decided by the House of Lords. Cases & Articles Tagged Under: Bell v Lever Bros [1931] UKHL 2 | Page 1 of 1. –1.6.4. Bell v Lever Brothers Ltd [1932] A.C. 161 Also known as: Lever Bros Ltd v Bell Bell v Lever Brothers Ltd [1932] A.C. 161 is an English Contract Law case concerning the common mistake. Jump to: navigation, search. Lever Brothers Ltd (which merged in 1930 to become Unilever) was a company which traded in Niger, through a 99% owned subsidiary called the Niger Company (formerly the Royal Niger Company).The Niger trade was in trouble. To set a reading intention, click through to any list item, and look for the panel on the left hand side: MY LORDS, This is an appeal by the Appellants Ernest Hyslop Bell and Walter Edward Snelling (the Defendants in the action) from a unanimous judgment of the Court of Appeal (Scrutton Lawrence and Greer L.JJ.) Lever Bros Ltd argued that this concealment and misconduct was a breach of his duty that was detailed in his employment contract. Susequently Lever no longer required the services of Bell and Snelling and terminated the contracts in exchange for compensation payments. Facts. Lord Warrington of Clyffe. Lever Brothers Ltd therefore brought a claim for rescission of the compensation package on grounds of mistake of fact. In 1929 the Niger Company merged with another company. Bell v Lever Brothers Ltd [1931] UKHL 2 là một trường hợp luật của Anh của lãnh chúa. The position at law was governed by the decision of the House of Lords in Bell v Lever Bros Ltd [1932] AC 161. ", Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd, Scottish Co-operative Wholesale Society Ltd v Meyer, https://en.wikipedia.org/w/index.php?title=Bell_v_Lever_Brothers_Ltd&oldid=888152506, Creative Commons Attribution-ShareAlike License, C MacMillan, 'How temptation led to mistake: an explanation of Bell v Lever Brothers, Ltd' (2003) 119, This page was last edited on 17 March 2019, at 07:59. In either way, the contract would be void for mistake, though the House of Lords held that the mistake is not fundamental enough. *You can also browse our support articles here >. Bell v Lever Bros Ltd [1932] AC 218 Practical Law Resource ID 1-625-3161 (Approx. In-house law team. MY LORDS, This is an appeal by the Appellants Ernest Hyslop Bell andWalter Edward Snelling (the Defendants in the action) from aunanimous judgment of the Court of Appeal (Scrutton Lawrenceand Greer L.JJ.) Lever Brothers did not know Bell and Snelling were speculating while Bell and Snelling did not know their speculation would entitle Lever Brothers to dismiss them without paying anything. However, the Niger company was not doing well so Lever Bros decided to merge Niger with another company thus making the defendants redundant. v. LEVER BROTHERS, LTD., AND ANOTHER. BELL and ANOTHER. 14th Jun 2019 A mutual mistake as to some fact which, by the common intention of the parties to a contract, whether expressed or implied, constitutes the underlying assumption without which the parties would not have made the contract they did, and which, therefore, affects the substance of the whole consideration, is sufficient to render the contract void. View source for Bell v Lever Brothers ← Bell v Lever Brothers. Two employees of the respondent company were sued by the company for the return of certain large payments which had been made to them as compensation for terminating their service agreements. Facts: Lever Bros appointed the two defendants to run a second company, Niger. This case considered the issue of mutual mistake and whether or not a mistake as to the quality of subject matter of a contract was sufficient to make the contract void. Rep. 1, [1932] A.C. 161] is a leading House of Lords decision on "common mistake" in contract law. This was criticized in the later cases written by Lord Denning such as in Solle v Butcher where Denning LJ reduced the standard by enumerating an equitable remedy for a shared common mistake, which rendered the agreement voidable. Leaf v Int Galleries [1950] 2 KB 86 Case summary . The subject-matter they tried to sell, their right, no longer exist before they enter into the contract. Bell v Lever Bros - 1932. It was impoverished, its dinners and functions poorly attended and its benchers lacking professional prestige. Following Bell doing a great job increasing the profitability of Lever Bros, he was promised a $30,000 by the executives of the country. Subsequently, in Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (2002) the Court of Appeal purported to overturn Solle v Butcher and set the standard for common mistake in line with the original Bell v Lever Brothers standard. The 1932 decision of Bell v Lever Bros Ltd was a binding authority on the Court of Appeal in the 1950 case of Solle v Butcher. Appeal from – Bell v Lever Brothers Ltd CA ([1931] 1 KB 557) The court was asked as to the duties of a company director: ‘It does not seem to me open to question that the directors of a company occupy a fiduciary position towards the company, with the result that they cannot retain a benefit they have . You do not have permission to edit this page, for the following reasons: The action you have requested is limited to users in the group: Users. Different possibilities: a) Contract remains in force and both parties must perform their obligations (with any failure to do so resulting in a breach of contract) Take a look at some weird laws from around the world! Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The Niger trade was in trouble. Bell v Lever Brothers Ltd [1932] A.C. 161 is an English Contract Law case concerning the common mistake. Bell v Lever Brothers Ltd: part our commitment to scholarly and academic excellence, all articles receive editorial review.|||... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. Bell v Lever Brothers Ltd [1932] AC 161. Share this case by email Share this case. Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. Do you have a 2:1 degree or higher? However, shortly after, it was revealed that Bell and Snelling had been part of a regional cocoa cartel, and used information on future price reductions to sell cocoa from their personal accounts. v.LEVER BROTHERS, LTD., AND ANOTHER. At lunch in the Savoy Grill he agreed with Cooper that he would get a big compensation package (£30,000) and retire. Bell v Lever Brothers Ltd. [Case citation| [1931] ALL E.R. Facts: Lever Bros appointed the two defendants to run a second company, Niger. This was a fundamental mistake which rendered the contract void; Bell v. Lever Bros. is the correct law. Bell v Lever Brothers Ltd [1931] 1 KB 557; [1932] AC 161. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. Company Registration No: 4964706. This case is about common mistake. The mistake must be essential to the identity of the contract. Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. Bell v Lever Brothers Ltd [1932] AC 161 < Back. Bell v. Lever Bros. [1931], Ratio = The House of Lords held that this was only a mistake as to quality and did not render the contract essentially different from that which it was believed to be. 263 words (1 pages) Case Summary. -- Created using PowToon -- Free sign up at http://www.powtoon.com/youtube/ -- Create animated videos and animated presentations for free. Bell v Lever Brothers [1932] AC 161. Bell v Lever Bros [1932] AC 161 Case summary . Background . Lever Brothers Ltd (which merged in 1930 to become Unilever) was a company which traded in West Africa, through a 99% owned subsidiary called the Niger Company (formerly the Royal Niger Company). It is therefore no longer useful to invoke the civilian distinction. This would be a case of res sua, since you cannot buy something you already have. To set a reading intention, click through to any list item, and look for the panel on the left hand side: Bell v lever brothers ltd1932MISTAKEMistake is a situation when both parties to the agreement believe a false fact about the essential matters in relation to their agreement. In this case an appellant was employed on a fixed term contract. 1 page) The court held that the contract was not void, as the mistake was not an ‘essential and integral’ part of the contract. Bell v Lever Brothers [1932] AC 161. dictum of Lord Atkin in Bell v. Lever Brothers Ltd.,1 to the effect that “if mistake operates at all, it operates so as to negative or in some cases nullify consent”. Bell v Lever Bros Ltd 1. Jump to: General, Art, Business, Computing, Medicine, Miscellaneous, Religion, Science, Slang, Sports, Tech, Phrases We found one dictionary with English definitions that includes the word bell v lever brothers ltd: Click on the first link on a line below to go directly to a page where "bell v lever brothers … That may have been so at that time. Mistake – directors in breach of fiduciary duty given golden hand shakes – such not vitiated by mistake. Bell v Lever Brothers [1932] AC 161. Reference this Bell v Lever bros [1932] AC 161 House of Lords Lever bros appointed Mr Bell and Mr Snelling (the two defendants) as Chairman and Vice Chairman to run a subsidiary company called Niger. 2. - Just know that there are a … Contract must be examined in order to determine whether it allocated the risk of the ‘mistake’ to one or other parties, or in some way set out the consequences of the ‘mistake’ coming to light. Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of LawTeacher.net. Bell and Snelling entered into agreements (separately) with Lever for five years. Mistake as to quality • Lord Atkin in Bell v Lever Bros Ltd [1932] AC 161 gave examples of mistakes that would not be sufficiently fundamental: – “A buys B’s horse; he thinks the horse is sound and he pays the price of a sound horse; he would certainly not have brought the horse if he had known as the fact is that the horse is unsound. Bell v. Lever Bros. 1932 House of Lords. Dissent was written by Warrington and held that the mistaken assumption was fundamental to the contract, and thus the contract is voidable. Lever Brothers Ltd (which merged in 1930 to become Unilever) was a company which traded in West Africa, through a 99% owned subsidiary called the Niger Company (formerly the Royal Niger Company). . Great Peace Shipping v Tsavliris (International) Ltd [2003] QB 679 Case summary . Facts. The action therefore failed. dated the 17th November, 1930, affirming a Bell v Lever Bros (1932) AC 161. Bell v Lever Brothers Ltd (1932) in The New Oxford Companion to Law Length: 577 words View all related items in Oxford Reference » Search for: 'Bell v Lever Brothers Ltd' in Oxford Reference » … Under the contract of employment the appointments were to run 5 years. The parties got exactly what they had bargained for. Mutual mistake . Jump to: General, Art, Business, Computing, Medicine, Miscellaneous, Religion, Science, Slang, Sports, Tech, Phrases We found one dictionary with English definitions that includes the word bell v lever brothers ltd: Click on the first link on a line below to go directly to a page where "bell v lever brothers … 2. Bell v Lever Brothers Ltd [1931] UKHL 2 is an English contract law case decided by the House of Lords.Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract.. Facts. Lord Warrington of Clyffe. In Bell v Lever Bros Ltd the House of Lords found that a contract concerning an agreement to pay a managing director a certain sum upon termination of his contract was entered into under a common mistake. Mr Snelling, a tax consultant that had successfully got Lever Bros a big tax refund in 1921, was appointed as vice chairman. Horcal Limited v Gatland [1983] IRLR 459. MY LORDS, This is an appeal by the Appellants Ernest Hyslop Bell andWalter Edward Snelling (the Defendants in the action) from aunanimous judgment of the Court of Appeal (Scrutton Lawrenceand Greer L.JJ.) Court judgments are generally lengthy and difficult to understand. Effectively, the mistake must nullify or negative consent of the parties in order for the agreement to be void. Different possibilities: a) Contract remains in force and both parties must perform their obligations (with any failure to do so resulting in a breach of contract) v.? Lord Leverhulme, the owner of Lever Bros, hired D'Arcy Cooper (a Quaker and senior partner of his uncle's accountant firm, Cooper Brothers) to be the chairman and manage the crisis. Bell v Lever Brothers Ltd [1931] UKHL 2 is an English contract law case decided by the House of Lords. Bell v Lever Brothers Ltd [1931] UKHL 2 is an English contract law case decided by the House of Lords.Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. On appeal, the House of Lords found that there was no mistake and the contract could not be rescinded nor was it void on mistake. Bell v Lever Brothers Ltd [1932] AC 161 is an English contract law case decided by the House of Lords.Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. Looking for a flexible role? Bell v Lever Brothers Ltd [1931] UKHL 2 is an English contract law case decided by the House of Lords.Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. Mr Bell was the managing director for five years of a company that was owned by Lever Bros Ltd. Mr Bell had traded for personal profit during his employment, which was contrary to his contract with the company. Bell v lever brothers ltd1932MISTAKEMistake is a situation when both parties to the agreement believe a false fact about the essential matters in relation to their agreement. . British Midland Tool Limited v Midland International Tooling Limited [2003] 2 BCLC 523. The principle so established by Cooper v Phibbs has been repeatedly acted on: see, for instance, Earl Beauchamp v Winn, and Huddersfield Banking Co Ld v Lister. So, Cooper hired his friend, Ernest Hyslop Bell, a senior Barclays manager in 1923 as chairman of the subsidiary. Overview of Mistake at Law 1 (1932) AC 161 at 217 Lever Brothers Ltd.), the principle enunciated in Bell v. Lever Brothers Ltd is markedly narrower in scope than the civilian doctrine. Facts: Mr. Bell was a chairman of the board of directors at a company, 99% of whose share capital was owned by Lever Bros Ltd. Following Bell doing a great job increasing the profitability of Lever Bros, he was promised a $30,000 by the executives of the country. Contract must be examined in order to determine whether it allocated the risk of the ‘mistake’ to one or other parties, or in some way set out the consequences of the ‘mistake’ coming to light. However, the Niger company was not doing well so Lever Bros decided to merge Niger with another company thus making the defendants redundant. where the mistake is shared by both parties, is fundamental and directly affects the basis defination of what the parties are contracting for. The decision in this case has been upheld by the Court of Appeal. 2. This decision is the leading English authority on the effect of … His role was of the chairman in a subsidiary company of the respondents. Share this case by email Share this case. Facts: Mr. Bell was a chairman of the board of directors at a company, 99% of whose share capital was owned by Lever Bros … The jury found that Bell and Snelling's illicit dealings breached the employment contract and that if the Lever Brothershad known they would not have entered into the agreement. Their employment contracts were said to last 5 years. The MacMillan article explains that the ratio was in part the result of media attention at the time, and socio-economic context of the trial. Bell v Lever Brothers Ltd (1932) in The New Oxford Companion to Law Length: 577 words View all related items in Oxford Reference » Search for: 'Bell v Lever Brothers Ltd' in Oxford Reference » … The courts apply an objective test to see if the contract can be saved. Refresh. Bell v Lever Bros [1932] AC 161. This would be a case of res extincta, the disappearance of the subject-matter of the contract. A case representing mistake as to the quality of the subject matter of contract is that of Bell v Lever Bros. This decision is the leading English authority on the effect of … The 1932 decision of Bell v Lever Bros Ltd was a binding authority on the Court of Appeal in the 1950 case of Solle v Butcher. However shortly after, and before the $30,000 was paid, it became apparent that Bell had been involved in some dodgy practices and illegal conduct.. This content is restricted to site … Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. Refresh. Applies Bell v. Lever Bros.-Fenton-Atkinson L.J. You must confirm your e-mail address before editing pages. where the mistake is shared by both parties, is fundamental and directly affects the basis defination of what the parties are contracting for. Both parties were under the common mistake that Lever Brothers should pay the "Golden Parachutes" to Bell and Snelling. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Wright J therefo… A similar "golden parachute" of £20,000 was given to Mr Snelling. This case considered the issue of mutual mistake and whether or not a mistake as to the quality of subject matter of a contract was sufficient to make the contract void. 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