Week 5 Mistake

Question 1

Factors which invalidate the consent of the Parties

Answer 1

Viating factors

Question 2

Conditions for mistake Civil Law

Answer 2

1. Must be a contract
2. Must be a misapprehension
3. Must be a casual link
4. Apparent importance
5. Situation (3 Categories
   —> listed in Art. 6:228 BW
6. Risk/Excusability

Question 3

Misrepresentation Common Law

Answer 3

Fraudulent
Negligent
Innocent

Question 4

Fraud

Answer 4

Avoid the contract and claim damages

Question 5

Neglient

Answer 5

Avoid the contract and claim damages

Question 6

Innocent

Answer 6

You can avoid the contract, but if its to expansive only damages

Question 7

Mistake

Answer 7

1. Mistake caused by incorrect information given by the other party
2. The mistake is caused by non-disclosure by the party (silence)
3. Common Mistake (both parties can avoid the contract)