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Contract Law Mistake Notes

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At or prior to contract formation, one or both of the parties to the contract were MISTAKEN about either: ◦ The content of one or more of the terms of the contract (ie. the contractual obligations); or ◦ Whether they had entered into a contract at all. It can be argued that there is no true consent (no true agreement) and that, consequently, there is no binding contract, where it is clear that they would not have been entered into but for the mistake. There are 3 categories of mistake: 1. The parties to the contract made the same mistake: common mistake; 2. The parties to the contract each mistook each other’s meaning: mutual mistake; 3. Only one party to the contract was mistaken and the other party knew, or ought to have known, that that party was mistaken: unilateral mistake.

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10 Pages Partial Study Notes < 1 Year old
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Contract Law Mistake Notes
Topics this document covers:
Contract law Law Private law Mistake Non est factum Contract Solle v Butcher Cooper v Phibbs Offer and acceptance Unconscionability Raffles v Wichelhaus Mistakes in English law
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Topics this document covers:
Contract law Law Private law Mistake Non est factum Contract Solle v Butcher Cooper v Phibbs Offer and acceptance Unconscionability Raffles v Wichelhaus Mistakes in English law
Sample Text:
1) Agreement 2) Construction of Contracts 3) Breach of a contractual term B, Only in very limited circumstances will a party’s mistake about a contract have legal consequences. If the mistake has legal consequences, it is called ‘an operative mistake’. If the mistake does NOT have legal consequences: Inoperative mistake C, The role of the court in Equity. Recall the important equitable maxim = Equity follows the law From a practical perspective this means that the analysis should be started by reference to common law. You then turn to equity to see if it will provide remedies in the situ at hand. MISTAKE At or prior to contract formation, one or both of the parties to the contract were MISTAKEN about either: ◦ The content of one or more of the terms of the contract (ie. the contractual obligations); or ◦ Whether they had entered into a contract at a...
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