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''Tamplin v James'' (1880) 15 Ch D 215 is an English contract law case concerning the availability of specific performance for a breach of contract induced by mistake. The case established that if a person enters a contract on the basis of a mistake that was not induced by the other party to the contract, specific performance will be awarded against the person if no hardship amounting to injustice would be inflicted on the person by holding the person to the contract. ==Facts== The plaintiffs (James) advertised a lot of land for sale in the following terms: All that well-accustomed inn, with the brewhouse, outbuildings, and premises known as ''The Ship'', together with the messuage, saddler's shop, and premises adjoining thereto, situate at ''Newerne'', in the same parish, No. 454 and 455 on the said tithe map, and containing by admeasurement twenty perches, more or less, now in the occupation of Mrs. ''Knowles'' and Mr. ''S. Merrick''. This lot is situate close to the ''Lydney Town'' station, on the ''Severn and Wye Railway'', and abuts on other premises of the vendors, on the canal, and on lands now or late of the Rev. ''W. H. Bathurst''. The defendant (Tamplin) signed a contract to purchase the lot for £750. The defendant did not perform the contract of sale. He deposed to the primary judge (Baggallay LJ) that he expected that two pieces of garden formed part of the lot, when they were in fact held by a railway company and not the vendor. The primary judge found that at the auction for the lot, plans were made available that showed that the gardens were not part of the lot, but that the defendant did not inspect the plans. The primary judge made a decree for specific performance to compel the defendant's purchase of the land. The defendant appealed to the Court of Appeal. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Tamplin v James」の詳細全文を読む スポンサード リンク
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