Mistake and Illegaility Flashcards
What happens if a person fakes their identity in a non face-to-face contract?
The contract is void
When does a common mistake effect a contract?
When it is regards the the subject-matter relevant to the contract. Not the quality of the subject matter
Can an employer restrict an employee from obtaining other work in the future.
They can if they have a genuine interest to protect and the restraint does not go further than is reasonably necessary to protect it. (restraining work in any capacity in a particular field is likely to be unreasonable)
What does common mistake require?
Common mistake requires that the mistake is a mistake made by both parties as to a fundamental matter in the contract at the moment the contract is made
When can a contract not be terminated on the grounds of illegality if a tortious act is committed?
If the commission of the tort relates to a matter that is not central to the performance of the contract.
What type of mistake is mistaken identity?
A unilateral mistake
What is the difference in outcomes between a mistake of identity and mistake of creditworthniess?
Mistaken identity (who the person is) will make a contract invalid. Mistaken creditworthiness (mistake to the person means) will not invalidate the contract.
