Mistake and Misrepresentation

Question 1

What is a legal mistake

Answer 1

Where one or both parties are mistaken about a set of facts or circumstances

Question 2

What is a unilateral mistake

Answer 2

one party is mistaken, the other is not

Question 3

What is a mutual mistake

Answer 3

both parties are mistaken but they have made different mistakes

Question 4

What is a common mistake

Answer 4

both parties are mistaken and they have made the same mistake

Question 5

Difference between void and voidable if there are two parties

Answer 5

they are not different when there are only two parties

Question 6

Difference between void and voidable if there is an innocent third party

Answer 6

Void- is never legally valid
Voidable -starts as valid but can be canceled by one party if they choose to

Question 7

What is the test for undue influence

Answer 7

1. one party has a special skill causing other party to place confidence in them
2. party relies on that trust to enter contract’
3. prove that domination was probable
   If all true then contract can be voidable

Ex: doctor+ patient, lawyer + client, parent + child