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  • Created by: Launston
  • Created on: 14-05-14 13:50
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  • 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
      • Mistake as to possibility of performance
        • Physical possibility - Sheikh Brothers v Ochsner
          • Legal Possibility - Cooper v Phibbs
            • Commercial Possibility - Griffith v Brymer
      • 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
      • Contract is void
        • Will not apply where there is a contractual allocation of risk
          • Mcrae v Commonwealth
    • Mutual Mistake
      • Each party mistaken to different terms
        • Raffles v Wichelhaus
    • 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
          • Distance agreements - contract void for mistake
            • Cundy v Lindsay
              • Shogun Finance v Hudson - parol evidence rule
        • Nature of signed document
          • Non est factum - Saunders v Anglia
    • Equity
      • Rescission
        • Contract not void for fundamental common mistake might be void in equity
          • Solle v Butcher
            • Removed in Great Peace Shipping
      • 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


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