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10 Cards in this Set
- Front
- Back
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Snodgrass v Hammington |
Common mistake: whether the foundation of the house had completely settled. |
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Tri-Star Customs and Forwarding Ltd v Denning |
CRA s6 (1) (a) was known
GST not mentioned regarding sale price. Knowledge means actual knowledge; constructive knowledge is insufficient. |
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King v Wilkinson |
CRA s6 (1) (a) unilateral mistake
A positive yet erroneous idea about the position of the legal boundary (a matter of fact); idea held by one party only; known to the other party |
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Paulger v Butlard Industries Ltd |
"The writer personally guarantees that all due payments will be made" |
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Sjptter v Westpac Banking Corporation |
Business Mistake in the interpretation of a document is a mistake of law: s2 (2); but a mistake in the interpretation of the contract itself is not a mistake under the Act: s6 (2) (a) |
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Landstone Holdings Ltd v Leonora Holdings Ltd |
Mistake
A positive idea or belief that is erroneous. Pure ignorance of a matter is not a mistake about the matter. Unbeknown to both parties, private drain in disrepair buried in land. |
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Goldsboro v Walker |
"Conduit Defence." If someone simply repeats information given to them, then they are not liable for the misrepresentation. However, evidence is required to prove so. |
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Hieber v Barfoot & Thompson Ltd
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Agent knew that a building was to block the views, but did not disclose this to buyer. "magnificent sea views" |
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FTA Section 9 |
Cite. |
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Herbison v Papakura Video |
The steps laid out to see whether is misrepresentation is fair and reasonable. Held: In favour of vendor. |
