Mistake

Question 1

Case: Common Mistake Res Extincta (no longer exists)

Answer 1

Galloway v Galloway

Separation agreement, were never legally married

Question 2

Case: Common Mistake Res Sua (the thing is yours)

Answer 2

Cooper v Phibbs

Lease of shop that already entitled to as life tenant

Remedy for mistake : Void

Question 3

Case: Mutual Mistake (Cross-Purpose)

Answer 3

Raffles v Wichelhaus

Peerless from Bombay

Question 4

Types of Mistake

Answer 4

Common - Res extincta (no longer exists) Galloway v Galloway
- Res Sua (the thing is yours) Cooper V
Phibbs

Mutual Mistake (cross purposes)
Raffles V Wichelhaus (peerless from
Bombay)

Unilateral mistake - Mistake of Identity
Cundy V Lindsay and Shogun case

                            - Mistake as to nature of document
                            - Non Est Factum (not my deed)
                            - Saunders V Anglia Building 
                               Society Not my deed plea: Must show fundamental difference in doc signed compared to that intended, and not careless