BU231 Lecture Notes - Rescission, Innocent Victims, Bachelor Of Business Administration
Document Summary
Defect and want it set aside is impeachment. 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. Sit down and want to negotiate maybe aren"t face to face. Forget, there was an error, 10 instead of 1. 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. Look and say there is a mistake there. Mistake end up being favour in one person. Situation where you have language interpreted in more then one way. Court very rarely voids contract, completely as if it never existed.