Mistake

Question 1

What are the three types of mistakes?

Answer 1

1. ) Common Mistake - Mistakes nullifying agreement
2. ) Mutual Mistake - Mistakes negativing agreement (parties appear to be in agreement but are not)
3. ) Unilateral Mistake - one party takes advantage of others Mistake

Question 2

Couturier v Hastie

Answer 2

Facts: • D was delivering corn to C
• Corn perished on journey
• C sued to void contract

Judgment: Claim succeeded

L.P: •Corn did not exist -> no consideration
• Res Extincta -> no longer exists -> impossible to complete

Question 3

The Great Peace

Answer 3

Facts: • D required assistance at his ship and arranged it with C
• C told D he was 30 miles away ( he was actually 400 miles away)
• D cancelled contract and contracted with another party for help
•C sued for contract fee

Judgment: Contract enforced

L.P: • Common Mistake requires performance to be impossible and fundamental

Question 4

Raffles v Wichelhaus

Answer 4

Facts: • Contract for purchase of cotton to arrive in England on the ‘Peerless’
• Two ships called peerless leaving Bombay containing cotton, one leaving in October one in December
• C ordered December cargo, D argued it was October one

Judgment: no contract

L.P: • No consensus ad idem
• Impossible to find agreement no contract

Question 5

Cundy v Lindsay

Answer 5

Facts: • A fraudulent individual named Blenkari placed a large order with C
• D was trading from wood street and believed they were dealing with a reputable firm with the same name
• D deliberately contributed to this by the way they signed

Judgment: no contract

L.P: •” of D the C knew nothing”
• No contract with Blenkairn as they never intended to deal with him