Duress & Mistake Flashcards

0
Q

Svanosio v McNamara

A

Common mistake

Difference between nothing and quality

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1
Q

Taylor v Johnson

A

unilateral mistake as to facts

Written
Serious mistake
Unconscionable conduct

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2
Q

The Atlantic Baron

A

Economic Duress

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3
Q

Crescendo Management

A

Illegitimate pressure, not just commercial bargaining

Duress

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4
Q

Goldsborough Mort v Quinn

A

Mutual Mistake, interpret objectively

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5
Q

Sole v Butcher

A

Equitable common mistake

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6
Q

Sale of Goods Act

A

S11, goods unknowingly perished, void

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7
Q

Mcrae V Commonwealth

A

Fundamental implied term, or if one party at fault, common mistake

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8
Q

Smith v Hughes

A

For mistake as to contract terms, has no be a fundamental mistake, not just quality

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9
Q

Cundy v Lindsay

A

Mistake as to identity. When not face to face, contract void from start

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10
Q

Lewis v Avery

A

Presumption you meant to deal with person

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11
Q

Ingram v Little

A

Presumption who you meant to deal with can be rebutted

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12
Q

Puksllus v Cameron

A

Court will rectify

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13
Q

Petelin v Cullen

A

Non est factum

Disability, rad difference, no fault of own

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14
Q

Barton v Armstrong

A

Material Cause of Entry

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