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The Law of Contract - Chapter 11 - Failure to Create and Enforceable Contract

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Administrative Studies
ADMS 2610
Sam Ling

Part 3The Law of Contract ADMS 2610Ling Chapter 11Failure to Create and Enforceable ContractOverviewMistake o Mistake of lawo Mistake of facto Non est factumo Unilateral and mutual mistakeMisrepresentation o Innocent fraudulent negligent Undue influence DuressIntroductionRequirements for a valid contract o Essential element such as offer acceptance intention consideration capacity may all exist but contract may still not be enforceableo Situations which may render a contract unenforceableMistake misrepresentation undue influence duress o Also determines who bears the brunt of a given lossMistakeMistake o A state of affairs in which a party or both parties has formed an erroneous opinion as to identity of subject matter or some other important termo Contract does not express their true intentions Types of mistakes o Mistake of lawPresumed to know the lawUsually no relief provided Exception if statute provided for recovery o Mistake of factMistake as to the existence of the subject matter of the contract or the identity of a partyMistake of Fact
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