ADMS 2610 Lecture Notes - Lecture 3: Topaz, Syllogism, Punitive Damages
Document Summary
Lecture notes session three january 21. 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 term. contract does not express their true intentions. mistake as to the existence of the subject matter of the contract or the identity of a party. Between 1979 and 1985 the respondent landlords demanded rent increases from the tenant who paid them without argument. The landlords failed to give 90 days" notice of the increases as required the. They were not, nor was the tenant, aware of the requirement. When advised of his rights, the tenant started paying rent at the original rate, and sought an order declaring the legal rent and directing repayment of excess rent. Held, the tenant"s application should be granted and that of the landlords dismissed.