The contract was for grain that both parties thought existed. The contract was void under res extincta - a type of common mistake.
1 of 17
McRae v The Commonwealth Disposals Commission (1950)
There was no operative mistake under res extincta and the contract could not be declared void. The defendants were instead held liable for breach of contract.
2 of 17
Cooper v Phibbs (1867)
Equity was applied and the contract declared voidable rather than void under res sau (a person already owns the thing he is buying - type of common mistake.) The defendant was given a lien because he was financially invested in the property.
3 of 17
Bell v Lever Brothers Ltd (1932)
The settlement could not be void. The mistake was not fundamental in any way to making the settled agreement. CoA found that the mistake as to Bell's conduct did not go to the heart of the matter.
4 of 17
Solle v Butcher (1950)
The CoA held that at common law the mistake had no effect on the contract. It was a mistake as to quality (a type of common mistake that does not make the contract void) and was solved under equity.
5 of 17
Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (2002)
In the absence of an operative mistake, the contract could not be declared void for common mistake. Equity could not be applied and rescission was not available. This case decides between the opposing decisions of Bell v Lever and Solle v Butcher.
6 of 17
Raffles v Wichelhaus (1864)
Common intention could not be found and as a result the contract could not be completed. It was void for mistake.
7 of 17
Scriven Bros v Hindley & Co (1913)
Mutual mistake - there was no way of reconciling the situation to the mutual satisfaction of both parties. The contract was void.
8 of 17
Harthog v Colin & Shields (1939)
The mistake was a material one that would have been known to the buyers. The contract was declared void for mistake.
9 of 17
Sybron Corporation v Rochem Ltd (1984)
The court accepted that the mistake was material and justified the remedy.
10 of 17
Cundy v Lindsay (1878)
The HoL held the contract was void for mistake. The mistake was operable.
11 of 17
King's Norton Metal Co Ltd v Edridge Merrett Co Ltd (1897)
The ourt was not prepared to void the contract for mistake. The Metal Company was not mistaking the identity of Wallis, since Hallam & Co did not exist.
12 of 17
Phillips v Brooks (1919)
The claimant's arguement that the contract came about through mistake on the basis of North's identity failed.
13 of 17
Lewis v Avery (1972)
The mistake was not operative and the contract could not be declared void.
14 of 17
Citibank NA v Brown Shipley & Co Ltd; Midland Bank v Brown Shipley & Co Ltd (1991)
The bank had done insufficient to establish that the person was bona fide. as his identity was material to the case, there was no operative mistake.
15 of 17
L'Estrange v Graucob (1934)
The claim failed because the claimant had signed a contract waiving her rights although she had not read it.
16 of 17
Saunders v Anglian Building society (1971)
Non est factum failed because there was insufficient difference between the document the claimant signed and the one she intended to sign.
17 of 17
Other cards in this set
Card 2
Front
There was no operative mistake under res extincta and the contract could not be declared void. The defendants were instead held liable for breach of contract.
Back
McRae v The Commonwealth Disposals Commission (1950)
Card 3
Front
Equity was applied and the contract declared voidable rather than void under res sau (a person already owns the thing he is buying - type of common mistake.) The defendant was given a lien because he was financially invested in the property.
Back
Card 4
Front
The settlement could not be void. The mistake was not fundamental in any way to making the settled agreement. CoA found that the mistake as to Bell's conduct did not go to the heart of the matter.
Back
Card 5
Front
The CoA held that at common law the mistake had no effect on the contract. It was a mistake as to quality (a type of common mistake that does not make the contract void) and was solved under equity.
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