ADMS 2610 Lecture Notes - Lecture 3: Non Est Factum, Rescission, Punitive Damages

• School: York University
• Department: Administrative Studies
• Course: ADMS 2610
• Professor: Joshua Sera

Document Summary

Essential elements such as offer, acceptance, intention, consideration, legality, capacity may all exist but contract may still not be enforceable. Situations which may render a contract unenforceable. Also determines who bears the brunt of a given loss. 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. Mistake as to subject matter of contract. Mistake as to identity of the party. Depends if the identity of the person is an essential element of the agreement. If not essential it will be enforceable. Applies only to type of agreement being signed not to the terms of the agreement. A mistake by one party to the agreement.