Mistake

Question	Answer
the law recognised 3 types of mistake, what are these ?	common mistake mutual mistake unilateral mistake
what will happen to the contract is Mistake is found?	void the contact
what is a common mistake?	when both parties to the contract make the same mistake
what are the 3 scenarios in which you can use common mistake ?	res extincta res sua mistake as to quality
when can you use res extincta ?	when both parties enter a contract believing that the subject matter exists when in fact it does not exist
when can you use res sua ?	when a party contracts to buy something that already belongs to him
when can you use mistake as to quality?	when the subject matter of the contract is essentially different to that it was believed to be
what is a mutual mistake??	when both parties have misinterpreted the meaning
what can we use to see if the contract can be saved ?	an objective test
what is the objective test?	would a reasonable person looking at the correspondence between the parties have understood the contract to have a single meaning ?
if yes ? if no ?	if yes the contract is void on that meaning if no the contract will be void for mistake
what is a unilateral mistake ?	when only one of the parties is mistaken
there is two categories for unilateral mistakes, what are they?	mistake as to the terms of the contract mistake as to identity
to see if a contract is void under mistake as to identity, the courts draw a distinction between contracts made under …. and contracts made under ….	inter absentes inter praesente
what does inter absentes mean?	at a distance for example when a contract is made through post or email
the courts will only find a mistake if the claimant can demonstrate what?	an identifiable person or business with whom they intended to do deal with
what will not suffice ?	a mistake as to their attributes will not suffice
what does inter praesentes mean?	face to face
what is the presumption on face to face dealings ?	that the parties intend to deal with the person in front of them

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	Created by allie hatch over 5 years ago