MLL111 Lecture 7: Contract Week 7
14 Aug 2018
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Document Summary
*not going to be the first option when advising a client. *pre contractual mistake : mistakes made in the formation of the contracts (what is important to us) *post contractual mistake : covered by the law of restitution , frustration (had an agreement but couldn"t proceed as they were faced with a problem). *important to know what type of mistake you are dealing with, so you know whether to apply common law or equity as the remedy. A is selling a gem to b and they are btoh mistaken that it"s a diamond when its not. Both parties are mistaken but about different things. A is selling a gem and a believes it"s a ruby and b thinks it"s a sapphire when it"s a diamond. One party has to know the other one is mistaken. Unilateral mistake and misleading/deceptive conduct go hand in hand. Mistakes are operative , they cannot make a contract void.
