Flashcards
Contract Law: Common Mistake
Cards in this deck (10)
- 1Couturier v Hastie (1856)If subject matter did not exist at the time of contracting - mistake will be regarded as operative - neither party would contract for something that did not exist.
- 2Scriven Bros v Hindley [1913]Ambiguity surrounding subject-matter of the contract will make a mistake operative (Hemp and tow case - catalogue misleading).
- 3Smith v Hughes (1871); Tamplin v James (1880)By contrast, where one party is merely mistaken as to the quality of the contract, the mistake is not mutual and not operative.
- 4Bell v Lever Bros [1932]Mistake as to quality will not generally render the contract void - parties are agreed in the same terms on the same subject-matter. Only if the mistake is fundamental (i.e. renders the subject-matter 'essentially different') will the contract be void.
- 5The Great Peace [2002]Deciding on mistake as to quality depends on whether contractual performance would be impossible due to the common mistake.
- 6Hartog v Colin & Shields [1939]Unilateral mistake as to terms: If one party makes a material mistake in expressing his intention and the other party knows, or is deemed to know, of this mistake, then the mistake may be operative - contract may be declared void.
- 7McRae v Commonwealth Disposals (1950)Mistake cannot be relied upon by the party that induces the common mistake. The contract may impliedly place the risk as to the existence of the subject matter on the seller.
- 8The Harriette N [2008]If a mistake relates to something other than a contractual term (i.e. quality of subject-matter / fact on which decision to contract was based) it will not prevent agreement - not a mistake relating to offer and acceptance.
- 9Solle v Butcher [1950]Suggestion of an equitable doctrine where the mistake was insufficient to invalidate the contract at common law.
- 10Grist v Bailey [1967]Equitable doctrine of mistake used...
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- Law (Contract Law) Flashcards on Contract Law: Common Mistake, created by thierry fasnacht on 19/01/2018.
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- thierry fasnacht · Jan 2018
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- Jan 19, 2018
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- Created by a deleted user · May 7, 2013
- Copied by thierry fasnacht · Jan 19, 2018
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