Finals - Mistake & Recap Defamation and Accounts Flashcards
(29 cards)
What are the 3 types of mistake in contract law?
Common mistake, mutual mistake, unilateral mistake.
What is a common mistake?
When both parties make the same mistake about a fundamental fact.
Key case for common mistake?
Bell v Lever Bros – mistake must make subject matter essentially different.
What did Great Peace Shipping establish?
There is no equitable mistake doctrine separate from common law; high bar for voiding contracts.
What is a mutual mistake?
When both parties misunderstand each other and are at cross purposes.
Key case for mutual mistake?
Raffles v Wichelhaus – two ships named Peerless; no meeting of minds = no contract.
What is a unilateral mistake?
When only one party is mistaken, and the other knows or ought to know of the mistake.
Key case for unilateral mistake (terms)?
Hartog v Colin & Shields – mistaken pricing; claimant knew of the mistake, so no contract.
What’s the test for unilateral mistake as to identity?
Depends if contract is made inter absentes (not in person) or inter praesentes (face to face).
Key case for inter absentes mistake?
Cundy v Lindsay – contract void because seller intended to deal with a reputable third party, not the rogue.
Key case for inter praesentes mistake?
Phillips v Brooks – face-to-face dealings presume intention to deal with the person physically present.
When will mistake render a contract void?
Only if the mistake is fundamental and goes to the very root of the contract.
What are the 3 elements of defamation?
(1) A defamatory statement, (2) that refers to the claimant, (3) published to a third party.
What makes a statement defamatory?
It lowers the claimant in the estimation of right-thinking members of society (Sim v Stretch).
What does ‘refers to the claimant’ mean in defamation?
The statement must be reasonably understood to be about the claimant – even if unnamed (Morgan v Odhams Press).
What is publication in defamation?
The statement is communicated to at least one person other than the claimant.
What defences are available in defamation?
Truth, Honest Opinion, Public Interest, and Privilege (absolute or qualified).
What case set the serious harm requirement?
Lachaux v Independent Print – claimant must show actual or likely serious harm to reputation.
What is absolute privilege?
Complete protection (e.g. in Parliament or court proceedings – Chatterton v Secretary of State).
What is qualified privilege?
Protection if the statement was made on a moral, legal or social duty – can be defeated by malice (Reynolds v Times Newspapers).
What is Rylands v Fletcher liability about?
Strict liability for escape of dangerous things from one’s land causing non-natural use damage.
What are the 4 elements of Rylands v Fletcher?
(1) D brings something onto land, (2) for a non-natural use, (3) it escapes, (4) it causes foreseeable harm.
Key case defining ‘non-natural use’?
Cambridge Water v Eastern Counties Leather – must be extraordinary and unusual.
Is foreseeability required in Rylands?
Yes – must be foreseeable that damage of the relevant type might occur (Cambridge Water).
