Unilateral Mistake

Question 1

Saunders v Anglia Building Society

Answer 1

Document not radically different as both relinquished her rights to the house.
Non est factum only a defence for people who could not read he document.
Although broken glasses, she could have got new ones to read the document properly, but she didn’t.

Question 2

Philip v Brooks

Answer 2

Rogue said famous businessman, checked name and address but not looks.
Cheque bounced, tried to get goods off the third party.
Mistake about credit worthiness not about identity itself.

Question 3

Lewis v Avery

Answer 3

Pretended to be actor, seller sold expensive car..

Mistake about credit worthiness of person in front of them.

Question 4

Ingram v Little

Answer 4

Accepted cheque for car, checked man’s identity via address in the directory at the post office.
Held: intended to contract with Mr Hutchinson as had gone to trouble of checking directory.
Exception, probably because old ladies not businessmen.

Question 5

Cub day v Lindsay

Answer 5

Rogue ‘set up’ business pretending to be a highly reputable firm. Rogue bought handkerchiefs from the claimant and sold them on. Payment failed.
Contract void, had intended to contract with an identifiable business.

Question 6

Shogun Finance v Hudson

Answer 6

Rogue purchased car from dealer. Contract actually between rogue and claimant finance company.
Rogue used stolen identity, Finance checked identity and agreed to sell to Mr Patel. Rogue reneged on finance deal.
Contract void.

Question 7

King’s Nortin Metal Co v Edridge

Answer 7

Exception where the pseudonym actually does not exist. I.e. A fake company.
Then mistake to credit identity not identity and contact = valid.

Question 8

Hartog v Colin and Shield

Answer 8

Discussed price by piece but accidentally wrote price per pound (lb).
Knew of mistake so no need for protection.