ADMS 2610 Lecture Notes - Lecture 6: Uberrima Fides, Undue Influence, Rescission

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Chapter 11 failure to create an enforceable contract. Introduction: all parties of the contract must show that they meant precisely the same thing in the agreement, there are four situations that could arise to render the agreement unenforceable. Mistake of law: a mistake from not knowing the law thoroughly, the supreme court of canada declared that money paid under a mistake of law should not be distinguished from mistake of fact. Example: purchasing a yacht without knowing that there was a fire that burned the yacht: mistake as to the identity of one of the contracting parties. If the identity of the person in question is not an essential element of the contract, then it may be enforceable. Unilateral and mutual mistake: unilateral mistake a mistake by one party to the agreement, usually one party is mistaken of some element of the contract, and the other is aware.

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