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Vitiating Factors - Mistake

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Covers - common mistake - unilateral mistake - mutual mistake both equity and common law approaches

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7 Pages Partial Study Notes < 1 Year old* Previously uploaded under: LLB 170 - Contract Law A
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Vitiating Factors - Mistake
Topics this document covers:
Contract law Law Private law Case law Mistake Contract Bell v Lever Brothers Ltd Non est factum Cundy v Lindsay Unconscionability Mistakes in English law McRae v Commonwealth Disposals Commission
This is a Partial Set of Study Notes

Partial Study Notes typically cover only single topics of a unit of study or do not cover multiple topics in significant detail. They are generally less than 20 pages in length.

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Topics this document covers:
Contract law Law Private law Case law Mistake Contract Bell v Lever Brothers Ltd Non est factum Cundy v Lindsay Unconscionability Mistakes in English law McRae v Commonwealth Disposals Commission
Sample Text:
can only get their money back • The existence of the goods is a condition precedent (before contract formation) must occur to create the contract • A common mistake occurs where both parties make the same mistake as to some underlying and fundamental fact about the subject matter. • This is a question of the construction of the terms of the contract: Couturier v Hastie. • Both parties must have equal knowledge • Reliance of st...
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