Mistake

Front 1

What are the three types of mistake?

Back 1

Common - both parties make the same mistake

Mutual - the parties are at cross purposes

Unilateral - when one the parties is mistaken

Front 2

What are the three categories under common mistake that could give rise to action?

Back 2

Res extincta -the subject matter doesn't exist

Res sua - where the goods already belong to the purchaser

Mistake as to quality - rarely available

Front 3

Give example of two cases involving res extincta and what is the remedy to finding out the contract is res extincta.

Back 3

Scout v Coulson - here the two parties were contracting on life insurance for person X but it turned out that the person whose life was being insured was dead.

Couturier - here the claimant was the owner of a cargo ship carrying corn to England. He sold the shipment to a buyer in London unbeknownst to either of them that the shipment had perished. The claimant here attempted to enforce payment for the cargo as the responsibility and title had moved to D and thus D was responsible for damage caused. It was held here that the contract was void.

Front 4

What is res sua and give authority

Back 4

Res Sua is where a party contracts to buy something they already own e.g. in the case of Cooper v Phibbs - his uncle left him his fishery and this transpired after he leased it from his aunt

Front 5

Mistake as to the quality

Back 5

The quality has to be essentially different from what was believed in order for this to apply e.g. in The Great Peace it was held that the difference was essentially different enough.

Leaf

Front 6

What is mutual mistake? what is the test in mutual mistake ? Give authority.

Back 6

Raffles

Front 7

What is a unilateral mistake?

Back 7

when one party is mistaken