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7 Cards in this Set
- Front
- Back
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Common Mistake |
Must go to the root of the contract: Couturier v Hastie-Buying of corn would be cancelled for mistake if it had perished.
Careful though, many contracts allocate certain risks, express or implied. |
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Is mistake in quality of goods enough? |
No. Fitzsimons v O'Hanlon. (Money from estate more than they thought)
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Equitable mistake |
Narrowly recoverable in Ireland- Intrum Justitia |
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Mutual Mistake |
Did they have a reasonable expectation to expect what the expected?
Mistake as to the true nature, rather than the result, of the bargain is what matters.
Quality can be relevant: Megaw v Molloy Some say it just wasn't a contract: Dore v Stephenson |
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Unilateral Mistake |
Sue for conversion to return the property. To succeed, he must prove there was no contract between him and the fraudster, or that any contract is negatived by mistake. If there is no contract, then the rogue cannot have passed title to someone else. This is based on the principle of nemo dat quod non habet and also s 21 Sale of Goods Act 1979 which provides that, where goods are sold by a person who is not the owner of the goods and who does not have the owner’s consent, the purchaser will not generally acquire title to the goods. Lewis v Avery Phillips v Brooks Ingram v Little
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Mistake of Law |
Generally not recoverable. O'Loghlen v O'Callaghan
Kiriri Cotton v Dewani, approved by Irish courts. Not always unrecoverable, just needs something more. Something to show that defendant is primarily responsible for the mistake. Are they 'in charge' of knowing the law, of protecting the plaintiff? |
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Non es factum |
Document not what you thought you were signing. Many more cases for it recently. Almost impossible to recover. Test(Ted Castle McCormack):
1: Radical difference between what you signed and what you thought you were signing
2: Mistake was to the general character and not legal effect
3: Absence of negligence. |
