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Title: CONTRACT – Mistake (lecture 15)
Description: CONTRACT – Mistake (lecture 15): Common mistake, mutual mistake, unilateral mistake, face to face dealing, distance selling.
Description: CONTRACT – Mistake (lecture 15): Common mistake, mutual mistake, unilateral mistake, face to face dealing, distance selling.
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CONTRACT – Mistake (lecture 15)
The effect of a mistake on the validity of a contract depends on the type and nature of the mistake made
...
Equity takes a more flexible approach in that
contracts containing mistakes may be treated as voidable (weakens or destroys), where either party can terminate the contract
...
NB Mistaken facts must exist BEFORE
contract concluded – Amalgamated Investment & Property Co
...
Also, there is no equity in mistake
...
COMMON MISTAKE – there is
agreement but on mistaken facts which
existed BEFORE the contract was made
...
MUTUAL MISTAKE – NONAGREEMENT MISTAKE
1
...
” This will give
mutual mistake
...
Clearly, there was no agreement
...
*Codified in s6 SGA 1979
*Res Sua – at the time of the contract but
unknown to the parties the subject matter
already belongs to the purchaser – Cooper
v Phibbs
2
...
UNILATERAL MISTAKE
1
...
Unilateral mistake as to nature of the
document
*General rule – bound by signature (L’Estrange v
Graucob)
...
Where person signing: unable to understand the
document being signed; believes is signing a
substantially different document – Thoroughgood’s
Case/Foster v Mackinnon
*No negligence (Saunders v Anglia Building
Society), but note also Lloyds Bank v Waterhouse
3
...
*If contract not void for mistake, it may be
voidable for misrepresentation
...
”
FACE TO FACE DEALING
*Presumption? Seller is dealing with person in
front of them
...
Contract NOT VOID for mistake as
to identity
...
*Remedy in FM – Lewis v Averay
DISTANCE SELLING
*Presumption? Seller is dealing with the person
the buyer’s documents say they are
...
Contract IS VOID
for mistake (Shogun Finance Ltd v Hudson)
*Cundy v Lindsay; cf King’s Norton Metal v
Edridge Merrett & Co (it was no void for mistake
as they were interested in attributes, not identity)
Title: CONTRACT – Mistake (lecture 15)
Description: CONTRACT – Mistake (lecture 15): Common mistake, mutual mistake, unilateral mistake, face to face dealing, distance selling.
Description: CONTRACT – Mistake (lecture 15): Common mistake, mutual mistake, unilateral mistake, face to face dealing, distance selling.