Originally Posted by
FedUp2
Dr. HFH, is this concept of "unilateral mistake" only a phenomenon of German (or Austrian / Swiss law) or is it also a concept of English common law? If the former only, then would it have any relevance to a CMB-DFW fare purchased by an US resident and paid with a US CC?
Originally Posted by
LHR/MEL/Europe FF
unilateral mistake is very much English common law. (And USA as well.)
Not relevant in USA to this case because of the DOT regs, but Swiss has tried to make it relevant for the RGN fares in the Canadian context.
Exactly,
LHR/MEL/Europe FF. The US DOT regs supersede the common law of contract in this case and in all cases in which US DOT has jurisdiction. Were there no DOT, we would, indeed, have to deal with the unilateral mistake issue; and I believe that we would be unsuccessful.
Originally Posted by
FedUp2
PS. I presume (and please correct me if I am wrong), your legal qualifications have Germanic origins?
I was born, raised and educated in the U.S. I am a member of the Massachusetts bar, a litigator in Massachusetts for over 25 years. My paternal ancestors, while having a Germanic name, are from Russia. My grandparents came to the U.S. as children.