mistake, undue influence, duress and illegality Flashcards
true or false? mutual mistake which describes a situation where both parties have made a fundamental mistake in respect of a term of the contract renders the contract void?
true
in face to face interactions, if one party believes the person with whom he is dealing to be someone else as a result of the other party’s behaviour, does this render the contract void or voidable?
voidable - it is almost always the behaviour of the other party that makes the first party believe him to be someone else. the law treats such behaviour as fraudulent misrepresentation
the effect of fradulent misrepresentation makes a contract voidable. in face to face scenarios - english law presumes that the first oarty intends to deal with the physical person present and that the question of idenity is a collateral matter unless the facts of the scenario indicate the contrary
what is duress?
illegitamate pressure by actions, or threats of actions that make a person agree to do something.
in which 2 scenarios is presumed undue influence presumed
presumed undue influence is found in two classes of relationship. thefirsy is relationships that the law views as trust and confidence. the second is where obe party has as a matter of fact placed trust snd confidence in another person.
true or false? an agreement in restraint of trade is prima facie voidable?
false: an agreement in restraint of trade is prima facie void. this meas that the eprson seeking to enforce the contract must prove that the restriction is reasonable and not contrary to public interest if he is to convince the court to allow him to enforce it.
unilateral mistake
- party must prove that the other party was aware or should have been aware of their mistake at the time the contract was made.
- the mistake was in respect of a term that induced the first party to enter into the contract
- the mistaken party was not at fault
