LAW 204 Chapter Notes - Chapter 9: Undue Influence, Consumer Protection, Corporate Security

• School: Queen's University
• Department: Law
• Course: LAW 204
• Professor: Tomilola Adebiyi

Document Summary

Setting aside a contract: setting aside a contract is not an easy task. In the interests of commercial certainty, courts tend to hold parties to the bargains they make. In rare circumstances, courts recognize they need to set aside a contract: relief may be available when there has been a mistake or misrepresentation. If one party has pressured the other into agreeing, the principles of undue influence and duress may apply: consumers are given statutory protection from some improper business behaviour. In a common mistake, both parties believe the same erroneous fact- the car is black when it is really navy blue. In a mutual mistake, both parties are mistaken but believe something different from each other- one party believes the car is black and the other believes it is charcoal grey, when the car is really navy blue. If only one party is mistaken, and the other knows the truth, it is a situation known as a unilateral mistake.