mistake

Question 1

what are the 3 types of mistake?

Answer 1

common mistake
mutual mistake
unilateral mistake

Question 2

what is common mistake?

Answer 2

the parties share the same mistaken perception

Question 3

what is mutual mistake?

Answer 3

the parties are both mistaken but not about the same thing - cross purposes

Question 4

what is unilateral mistake?

Answer 4

only one party is mistaken

Question 5

give 2 example of common mistake.

Answer 5

courturier v hastie

fitzsimons v o Hanlon

Question 6

what is the leading case in England on common mistake?

Answer 6

Bell v. Lever Brothers

Question 7

give 1 example of mutual mistake.

Answer 7

mespil v Capaldi

Question 8

give 3 examples of unilateral mistake.

Answer 8

Phillips v. Brooks
lewis v Avery
Ingram v. Little

Question 9

what does non es Factum mean?

Answer 9

it is not my deed - it arises when the signatory of a document signs a document he thought was another document
- renders a contract void

Question 10

what must a person prove for non es Factum?

Answer 10

there’s a fundamental difference between what was signed and what he thought he was signing
the mistake was as to the character of the contract not to its legal effect
an absence of negligence - read the document

Question 11

give an example of a case pleading non es Factum.

Answer 11

Danske Bank as v Walsh and ors