Philosophy 2080 Lecture Notes - Lecture 5: Uberrima Fides, Punitive Damages, W. M. Keck Observatory

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

Week 5 - questions and answers th edition) Chapter 10 (7th edition) / chapter 11(8th edition) (please refer to the week 5 course notes for the corresponding page numbers and questions for both the 7th and 8th editions. ) Unilateral means only one party has made a mistake, mutual means that all parties have made a mistake about the contract. It is more difficult to avoid a contract with a unilateral mistake, you would have to prove the non-mistaken party knew about the mistake and encouraged the mistaken party to enter into the contract. For unilateral mistake, a successful party would seek to rescind the contract. For mutual mistake, since both parties made a mistake, the contract is considered void ab initio, as there was no meeting of the minds. Mistake is where a party has made a mistake, unintentionally, in regard to the subject matter or the nature of the contract.