Common mistake as to quality- for this type of mistake to be operative the lack of quality must render the contract ‘essentially different’ from what it was believed to have been
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Card 7
Front
Agreement mutual mistake- if there is sufficient ambiguity as to the fact of the agreement the effect will be to negative any perceived agreement between the parties
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Card 8
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Agreement mutual mistake- if there is sufficient ambiguity as to the fact of the agreement the effect will be to negative any perceived agreement between the parties
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Card 9
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If the mistake was due to the actions/fault of the other party then the courts will be reluctant to apply the objective principles of the agreement and hold the parties to the contract
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Card 10
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Unilateral mistake as to a term of the contract- to be operative, the court requires that the other party was aware of the mistake
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Card 11
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Unilateral mistake as to identity- fraudulent misrep, contract voidable and 3rd party will enquire title in the goods
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Card 12
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Unilateral mistake as to identity- mistake as to identity,contract void and contract never existed so 3rd party has no title in the goods
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Card 13
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Unilateral mistake as to identity- to render the agreement void it must be established that identity is of fundamental importance
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Card 14
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Unilateral mistake as to identity - identity is of fundamental importance
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Card 15
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Mistake as to attributes - identity not of fundamental importance - contract not void
