3.1 Law of contract Flashcards
What’s a common mistake
both make the same mistake about the fundamental term of the contract
Mutual mistake
innocent. both make a mistake, but it’s not the same one
unilateral mistake
Deceiet. one party is mistaken, the second is aware but does nothing.
What is the doctrine of Privity
only the parties to a contract have a right to sue or to be sued (no land involved)
exceptions: assignment and interest in land
Assignment of contract
assign away benefits to a third party but cannot assign liabilities
assignment is for the whole amount and can’t charge a fee
Types of assignment
equitable and statutory
When there is a seal in a contract
no need for consideraton
Voidable contract
Has an option to be cancelled by either party