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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