Contracts 2 PASS - Mistake - W2 M1

Select the essential elements of a contract...

• Agreement

• Privity

• Consideration

• Intention

Who is the Plaintiff?

• Person who is defending a civil action.

• The person who is successful.

• The person starting a civil action.

• The person who is appealing.

What is the effect of a mistake at common law?

• The parties can choose whether to continue the contract.

• The contract is re-drafted to fix the mistake.

• A voidable contract is declared void.

• May mean there is no actual agreement - contract is void ab initio.

Mutual Mistake refers to when

• Both parties make the SAME mistake.

• Both parties make DIFFERENT mistakes.

• Only one party makes a mistake, but the other knows about it.

Select the 3 types of mistake covered this week.

• Common Mistake

• Mutual Mistake

• Unilateral Mistake

• Bilateral Mistake

Common mistake refers to when both parties make the .... mistake

Where only one party is mistaken, but the other knows, or ought to know, of the mistake, refers to...

• Individual Mistake

• Mutual Mistake

• Common Mistake

• Unilateral Mistake

The "coronation cases" are associated with which kind of mistake?

• Mistake as to subsisting circumstances essential to performance.

• Common Mistake

• Mistake as to Existence

• Unilateral Mistake

Which case states that a common mistake serves to negative/nulify contractual assent making the contract void ab initio?

• Bell v Lever Bros Ltd [1932] AC 161, 217 (Lord Atkin).

• Australian Estates P/L v Cairns City Council [2005] QCA 328, [48] (Atkinson J).

• Lever Bros v Bell [1932] AC 161, 217 (Lord Atkin).

• Coururier v Hastie (1856) 5 HLC 673: 10 Er 1065.

What are the 3 elements of Non Est Factum, outlined in Petalin v Cullen (1975) 132 CLR 355; 359-60?

• The claimant belongs to the relevant class of people.

• The claimant signed the document in the belief that it was radically different from what it was in fact.

• The claimant was illiterate.

• The claimant's failure to read and understand the document was not due to their own carelessness.