MLC101 Lecture Notes - Lecture 3: Statutory Interpretation, Public Service Of Canada, Thomas Edward Scrutton
Document Summary
Agreement is the foundation of contract law and it must be genuine. If during the pre-contractual or negotiating phase, one parties consent is affected by: Then consent is only illusory and the innocent party may be entitled to a remedy. Mutual both parties make different mistakes about facts or terms: cross purposes, therefore no corresponding offer and acceptance (no consensus) Raffles v wichelhaus (1864) 159 er 375 - delivery by ship peerless . Unilateral one party is mistaken on: identity of other party, terms of contract, nature of document. Other party must know the mistaken person is mistaken in order to be voidable. Taylor v johnson (1983) 151 clr 422 at 432 (price per acre) Lewis v averay [1972] 1 qb 198 (sale of car to rogue: nature of the document signed i. e. non est factum not my deed . Petelin v cullen (1975) 132 clr 355 at 360 (petelin could not read english)
