Mistake
- Created by: Launston
- Created on: 14-05-14 13:50
View mindmap
- Mistake
- Common Mistake
- Both parties make same mistake - must relate to fundamental matter - must have reasonable grounds for belief
- Res Extincta - mistake as to existence of subject matter - Couturier v Hastie
- Res Sua - mistake as to title - Cooper v Phibbs
- Res Extincta - mistake as to existence of subject matter - Couturier v Hastie
- Mistake as to possibility of performance
- Physical possibility - Sheikh Brothers v Ochsner
- Legal Possibility - Cooper v Phibbs
- Commercial Possibility - Griffith v Brymer
- Legal Possibility - Cooper v Phibbs
- Physical possibility - Sheikh Brothers v Ochsner
- Mistake as to quality of subject matter
- Does not affect validity UNLESS the thing would be essentially different without the quality
- Bell v Lever Brothers
- Leaf v International Galleries - contract for sale of a picture, still has the article
- Bell v Lever Brothers
- Does not affect validity UNLESS the thing would be essentially different without the quality
- Contract is void
- Will not apply where there is a contractual allocation of risk
- Mcrae v Commonwealth
- Will not apply where there is a contractual allocation of risk
- Both parties make same mistake - must relate to fundamental matter - must have reasonable grounds for belief
- Mutual Mistake
- Each party mistaken to different terms
- Raffles v Wichelhaus
- Each party mistaken to different terms
- Unilateral Mistake
- One party mistaken as to terms of identity of other party
- Terms - Hartog v Colin and Shield
- Identity
- Face to face agreements - intended to contract with person in front of him
- Phillips v Brooks
- Lewis v Averay
- BUT Ingram v Little
- Lewis v Averay
- Phillips v Brooks
- Distance agreements - contract void for mistake
- Cundy v Lindsay
- Shogun Finance v Hudson - parol evidence rule
- Cundy v Lindsay
- Face to face agreements - intended to contract with person in front of him
- Nature of signed document
- Non est factum - Saunders v Anglia
- One party mistaken as to terms of identity of other party
- Equity
- Rescission
- Contract not void for fundamental common mistake might be void in equity
- Solle v Butcher
- Removed in Great Peace Shipping
- Solle v Butcher
- Contract not void for fundamental common mistake might be void in equity
- Rectification
- Written contract does not accurately record parties agreement
- Must show parties were in agreement but wrote them down wrongly, courts will look at actions
- Frederick E. Rose v William
- Joscelyne v Nisson
- Frederick E. Rose v William
- Must show parties were in agreement but wrote them down wrongly, courts will look at actions
- Written contract does not accurately record parties agreement
- Rescission
- Common Mistake
Comments
Report