error Flashcards
(6 cards)
1
Q
what are the three times of consensual error
A
- common error
- mutual error
- unilateral error
2
Q
what happens when there is common error?
A
Hamilton v western bank
- contract was void
3
Q
what happens when there is mutual error
A
- Mathieson gee
- parties are at cross purposes
- void
4
Q
what happens when there is unilateral error - induced
A
Morrison v robertson
- essential error as to identity resulting in void contract
5
Q
when there is unilateral error un-induced
A
- Hunter v Bradford property - void if gratuitous
- Steuarts Trs v Hart - does no have to be induced but if the party knew about the error it may be void
- of expression
- essential
- known and taken advantage of
- Stewart v Kennedy - error has to be induced
6
Q
what does Bell say the error has to be related to when consensual error
A
- subject
- identity of debtor
- price
- quality of thing being bargained for
- nature of the contract
