Common mistake:theoretical justification and remedial inflexibility

Discusses the implications for the doctrine of common mistake of the Court of Appeal ruling in Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd on whether a contract for the hire of a ship was void on the ground of common mistake regarding the position of the ship. Reviews the origins of the doctrine of common mistake and the relationship between the doctrine and the implication of terms. Considers the determination of impossibility. Examines the role of equity in common mistake and remedial equitable intervention.

Statnote 12: the split-plot analysis of variance

In some experimental situations, the factors may not be equivalent to each other and replicates cannot be assigned at random to all treatment combinations. A common case, called a ‘split-plot design’, arises when one factor can be considered to be a major factor and the other a minor factor. Investigators need to be able to distinguish a split-plot design from a fully randomized design as it is a common mistake for researchers to analyse a split-plot design as if it were a fully randomised factorial experiment.