Mistake

Question 1

what is non-est factum

Answer 1

this is not my deed. the party who signed a contract was unaware of its nature.

Question 2

How does non-est factum work

Answer 2

the document signed must be essentially different

Question 3

If I cannot read Chinese, can i rely on non-est factum for signing a chinese contract

Answer 3

no, anyong who signs a contract in a language he does not understand is negligent

Question 4

What is the general principle when 3rd party is involved in a non-est factum case?

Answer 4

favour the 3rd party even if there is no negligence. the innocent 3rd party shall not bear the loss.

Question 5

What is the general position for unilateral mistakes

Answer 5

one party made an mistake, the other party knew about it, the other party cnnot enforce that version of contract

Question 6

What are the requirements for mistake as to terms to operate

Answer 6

(1) not collateral matters

2) knowledge of the mistake (actual/ constructive knowledge

Question 7

What’s the general position for cases of mistake as to identity

Answer 7

(1) for face-to-face transaction, there is a presumption that you intendt o deal with flesh and bones in front. this presumption can be rebutted if the identity of that particular person is essential to the formation of contract

Question 8

what’s the difference between mistake and misrep

Answer 8

For mistake, the contract will be void ab intitio
For misrep, the contract is voidable and void at the time when misrep is reasonably discoverable –> 3rd party owns the goods.