Mutual Mistake Flashcards
1
Q
Scrivener Brothers&Co v Hindley&Co
A
Auction, sale of lots, one hemp and one tow.
Seller thought selling hemp and tow
Buyer thought buying two lots of hemp
Contract void as no agreement.
2
Q
Smith v Hughes
A
Sale of oats, parties with different intentions.
Contract not void as objective bust maser could see buying new oats in front of him.
Age a secondary characteristic.
Mutual mistake only to quality.
Must be fundamental to the contact.
3
Q
Raffles v Wichelhaus
A
Two ships of the same name, one sailing in October the other December.
Contract terms too ambiguous to distinguish which was intended.
Contact void.
