Mistake Flashcards
(14 cards)
Common
the corn was already destroyed, they did not know that
Couturier v. Hastie
Common
Separation agreement is void if they were actually never married, which they thought they were
Galloway v. Galloway
Common
life insurance policy over a person who was in fact dead would be void
Strickland v. Turner
Common
agreed that the son in the action would be paid around 1/3 or £60,500
It was not a mistake - if they discovered a debt, he would have not insisted on percentage over fixed sum
Fitzsimons v. O’Hanlon
Common
‘essential and integral’ part of the contract
Bell v Lever
Common
Court said it was not void because it still served purpose - did not seek to cancel it immediately
England has now no common mistake in equity
Great Peace Shipping Ltd v. Tsavliris
Common
must relate to facts as they existed at the time
Equity in Ireland
uphold rather than destroy apparent contracts.
O’Neill v. Ryan
Mutual
“full and final settlement of all matters”.
Void totally
Mespil v. Capaldi
Mutual
Each wanted to buy from a different ship, different quality
Megaw v. Molloy
Non est factum
mistake was as to the general character of the document
Ted Castle McCormack v. McCrystal
Non est factum
had not realised the guarantee he was signing made him liable jointly and severally
AIB plc v. McKenna
Unilateral mistake
The decision between Ingram and Phillips
[I]t [is] wrong that an innocent purchaser (who knew nothing of what passed between the seller and the rogue) should have his title depend on such refinements. After all, he has acted with complete circumspection and entire good faith;
Lewis v. Avery
in favor of Phillips v. Brooks
against Ingram v. Little
Unilateral mistake
Confession after Gardaí concealed their identity
Consent voidable - retract confession
DPP v. Dillon
Unilateral mistake
Wanted to bet 1300 not 13000, won
The agency played the tape bet and made the bet voidable
Longley v. PPB Entertainment
