CLAW1001 Study Guide - Final Guide: Special Relationship, Dick Bentley, Objective Test
Document Summary
Non est factum (really a subset of mistake, mistake. * common mistake - both parties make the same mistake. Bell v lever brothers ltd [1931] - no common mistake; the employer was unaware of a fact. Leaf v international galleries [1950] - the mistake has to be about identity or existence. Mccrae v commonwealth disposals commission (1951) -not available where a party was promised the existence of the subject matter (as distinct from mistake that it existed) * non est factum - mistake as to the nature of the document signed. Gallies v lee [1971] - no big difference. * mutual mistake - both parties are mistaken but about different things (parties are at cross purposes) Raffles v wichelhaus (1864) - each talking about a different ship - void. * unilateral mistake - only one party is mistaken and the other party is aware of the mistake and tries to take advantage of that mistake.
