BU231 Lecture 16: Page-3
Document Summary
If at the time the contract was made the subject matter, a horse, had just died unbeknownst to both parties it is hard to imagine a fair way to enforce the contract. Have to hold contract void: this rule as it applies to the sale of goods is incorporated into the sale of. Goods act which argues that a contract is void in a situation like above. Court will assess if risk of change was foreseeable. Say you wanted to buy a large bit of property that you"ve never visited or investigated. Upon trying to develop the land you learn that your area is far smaller than you thought. Consequently, the plaintiff will often sue to have the contract rescinded and have their money returned. Contract is ruled voidable and rescinded, no return of money as punishment for not doing research. Mistake about the identity of a party to a contract.
