Mistake Flashcards
3 types
Common
Unilateral
Mutual
Must be operative — must be considered one of FACT not law
Common— share same mistake
Mutual — at cross purposes
Unilateral— no meeting of minds
Common
O’Neil v Ryan
Subject matter
Assumption of contract
Subject matter
Galloway v Galloway
Couple not married properly— separation agreement —void
Underlying assumptions
Leaf v international galleries
Both parties — mistakenly believed
Painting — by famous artist (constable) — was not by him
No operative mistake
Did not go to root of contract
Unilateral mistake — Webster v Cecil
—defendant — refused to sell his land — to plaintiff for £2000
—Plaintiff — received letter from defendant — stating to sell for £1250
He notified plaintiff of his mistake
Held— contract — void for unilateral mistake
Plaintiff — should have been aware
Mistaken identity — Ingram v little
— fraudster went to residence of plaintiffs
Cheque to buy car
Plaintiff refused
He told plaintiff he was pgm hutchinson (businessman)
Gave address— comfirned details — telephone directory
Plaintiff sold car to fr sister
Held- void- unilateral mistake
Remedies for mistake - non est factum
Doctrine — only applied — where person claiming it — can show he or she acted with due care in relation to determine documents contents and character
Aib v Higgins
-3rd named defendant — man’sfield
-claimed he could escape liability for his debt
- claimed he didn’t understand the documents and had the reading age of a 7year old
Held— mr Mansfield— seasoned businessman — could fly helicopter and at one point— controlled financial empire
— was of “atleast average intelligence”
— not a case of “non est factum”
— did not take all reasonable precaustions
Rectification — for oral agreements recorded inaccurately
Nolan v graves and Hamilton
Plaintiff — agreed to buy property for £5550
Auctioneer— WRONGLY RECORDED PRICE
Plaintiff attempted— to enforce sale @written price
Court rejected— ordered that written doc be amended
