Mistake Flashcards
What is a mistake?
Where one or both parties enter into a contract on the basis of a misunderstanding or error.
What is a type of mistake is a mistake known to the other party and a case example?
A unilateral mistake.
Hartog v Colin and Shields.
What is a case showing an unknown mistake caused by the other party?
Scriven Bros and Co.
What is a common mistake of communication and a case?
Where there is ambiguity not known to either party at the time which means that the parties have not actually reached an agreement.
Raffles v Wichelhaus.
In a case of mistaken identity, what is important?
The difference between title and possession.
Where a conman assumes a fraudulent alter-ego, who is the other party assumed to have intended to deal with?
The alter-ego as in Cundy v Lindsay.
What does a mistake on a fundamental fact mean?
The contract is void.
What happens in a mistake as to existence and a case?
The contract will be declared void as in Couturier.
What happens if there is a mistake as to quality or subject matter?
It can be difficult to prove the mistake was sufficiently fundamental.
