16467 Lecture Notes - Lecture 4: Standard Form Contract, False Advertising, All England Law Reports

• School: UTS
• Department: Design, Architecture and Building
• Course: 16467
• Professor: Peter Smith

Document Summary

Wichelhaus (1864: unilateral mistake: only one party has formed the contract under a mistaken belief as to a fundamental aspect of the contract. Where a unilateral mistake has resulted in injustice, court has discretion whether to apply equity to declare contract voidable by the mistaken party. Remedy is rescission for the misrepresentation but no damages: fraudulent misrepresentation: actual knowledge or reckless indifference as to falsity. Remedy is rescission for the misrepresentation and damages to the tort of deceit: negligent misrepresentation: a non-fraudulent misrepresentation which also breaches a duty of care (hedley byrne & co v heller & partners ltd (1964). Remedy is rescission for the misrepresentation and damages for the tort of negligence. Consumer act 2010 (cth) s18 acl for misleading or deceptive conduct in trade or commerce. Australian consumer law and section 137d of the competition and consumer act.