Duress & Mistake Flashcards
Svanosio v McNamara
Common mistake
Difference between nothing and quality
Taylor v Johnson
unilateral mistake as to facts
Written
Serious mistake
Unconscionable conduct
The Atlantic Baron
Economic Duress
Crescendo Management
Illegitimate pressure, not just commercial bargaining
Duress
Goldsborough Mort v Quinn
Mutual Mistake, interpret objectively
Sole v Butcher
Equitable common mistake
Sale of Goods Act
S11, goods unknowingly perished, void
Mcrae V Commonwealth
Fundamental implied term, or if one party at fault, common mistake
Smith v Hughes
For mistake as to contract terms, has no be a fundamental mistake, not just quality
Cundy v Lindsay
Mistake as to identity. When not face to face, contract void from start
Lewis v Avery
Presumption you meant to deal with person
Ingram v Little
Presumption who you meant to deal with can be rebutted
Puksllus v Cameron
Court will rectify
Petelin v Cullen
Non est factum
Disability, rad difference, no fault of own
Barton v Armstrong
Material Cause of Entry