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Valerie Irie (103)

Impeachment of K.docx

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Valerie Irie

Recession: -can in fact reside contract by agreement -defect and want it set aside is impeachment -saying want contract to go away -not same as when one party fails to perform contract -this is breach of contract, may discharge other party -breach to put parties in position had contract been performed -rescission back into position if contract never been performed Mistake in Terms: -sit down and want to negotiate maybe aren’t face to face -forget, there was an error, 10 instead of 1 -reality is that what a typographical error -look to evidence earlier email offered, response not reasonable -would reasonable bystander recognize this as typographical error (legal test) -one writing back and forth, other way error in recording -both parties agree face to face, want to put it in writing, someone types it up and they make an error -forgotten something, typed an error -look and say there is a mistake there -mistake end up being favour in one person -have rescission -if contract is incomplete/vague -court won’t make contract for you -contract considered voidable -situation where you have language interpreted in more then one way -be very clear in your language -court very rarely voids contract, completely as if it never existed -shipment arrives 2 months late according to purchaser -contract was not very good anymore for purchaser -vendor maintained that it was not late, it was exactly on time, therefore purchaser was breaching contract -went to court plaintiff was vendor, for not purchasing cotton -in course of trial by pure chance, when negotiated contract there were two ships at harbour in India, both shipping out cotton -both called ‘Peerless’, never said which ship it was -because vague there, court found plaintiff didn’t need burden of proof -therefore defendant was allowed to ask for rescission -contract was made void by defendant -effect parties asked for rescission -mistake in terms, vagueness, want rescission Mistake in Assumption: -goods don’t exist, under circumstances so then vendor breaching contract -vendor would defend with a mistake in assumptions respect to existence of subject matter -ask for rescission -becomes voidable at their option -purchaser loses right to sue, has to be legitimate -lets move it to today -now have an issue, everyone has a way to communicate -that information is quickly communicated, someone storing goods, and goods destroyed in place of storage, but don’t know yet -same principle Mistake and Innocent 3 Parties: -two innocent victims -make decision who has to bear the loss -how does first person get goods back -order to pursue recovery of goods, or money -person has to resort to tort of conversion -if voidable then have to make sure third party is innocent Non Est Factum: -saying I did not agree to this -did not read document, have to read by courts -really hard in this day where everyone is literate these days, very hard to succeed Misrepresentation: -made before formation that turns out to be false -statement oral or written -in this case tort of deceit -tort of carelessness if misrepre
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