18775911
Descrição
FlashCards por allie hatch, atualizado more than 1 year ago
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Criado por allie hatch
quase 5 anos atrás
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| Questão | Responda |
| the law recognised 3 types of mistake, what are these ? | common mistake mutual mistake unilateral mistake |
| what will happen to the contract is Mistake is found? | void the contact |
| what is a common mistake? | when both parties to the contract make the same mistake |
| what are the 3 scenarios in which you can use common mistake ? | res extincta res sua mistake as to quality |
| when can you use res extincta ? | when both parties enter a contract believing that the subject matter exists when in fact it does not exist |
| when can you use res sua ? | when a party contracts to buy something that already belongs to him |
| when can you use mistake as to quality? | when the subject matter of the contract is essentially different to that it was believed to be |
| what is a mutual mistake?? | when both parties have misinterpreted the meaning |
| what can we use to see if the contract can be saved ? | an objective test |
| what is the objective test? | would a reasonable person looking at the correspondence between the parties have understood the contract to have a single meaning ? |
| if yes ? if no ? | if yes the contract is void on that meaning if no the contract will be void for mistake |
| what is a unilateral mistake ? | when only one of the parties is mistaken |
| there is two categories for unilateral mistakes, what are they? | mistake as to the terms of the contract mistake as to identity |
| to see if a contract is void under mistake as to identity, the courts draw a distinction between contracts made under …. and contracts made under …. | inter absentes inter praesente |
| what does inter absentes mean? | at a distance for example when a contract is made through post or email |
| the courts will only find a mistake if the claimant can demonstrate what? | an identifiable person or business with whom they intended to do deal with |
| what will not suffice ? | a mistake as to their attributes will not suffice |
| what does inter praesentes mean? | face to face |
| what is the presumption on face to face dealings ? | that the parties intend to deal with the person in front of them |
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