ADMS 2610 Lecture : Chapter 11 session 3.docx

• School: York University
• Department: Administrative Studies
• Course: ADMS 2610
• Professor: Robert Levine

Document Summary

Court may provide relief if: mistake as to subject matter of contract, general rule, contract is void, mistake as to identify of the party, depends if the identity of the person is an essential element of the agreement, if essential may not be enforceable, if not essential, it will be enforceable, non est factum ( it is not my doing ) If both parties make the same mistake: as to subject matter, then the contract is unenforceable, as to identify of the parties, it is dealt with on a case by case basis, rectification, the correction of a mistake in an agreement that would have rendered the agreement impossible to perform, essentially for the correction of typos or editorial errors that distort the intention of the parities. Special relationships (types: lawyer/client, doctor/patient, trustee/beneficiary, parent/child, advisor/faithful adherent, does not apply to spousal relationship, undue influence alleged onus shifts to dominant party to prove otherwise.