COMM231 Study Guide - Final Guide: Unconscionability, Undue Influence, Bona Fide Purchaser
26 Mar 2015
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Something that will make sure theres no meeting of the minds, some kind of misunderstanding. Typically a defence, difficult to prove legal mistake: applies to limited circumstances, needs to have compelling evidence. Mistake about terms of the contract: error in recording. Three criteria that you need to show for an error in recording: check the textbook, you fucked up, mistake about meaning of words. Mutual mistake: raffles v. wiechelhaus p. 186 in the textbook, cotton sailed on a ship called peerless . Lack of understanding from both parties: mistake in assumptions. Existence of subject matter: courtier v. hastie p. 186-7ish, these two buyers and sellers of corn come to an agreement, contract is void because the contract did not exist at law because the corn got dumped. As if the contract never happened: too bad, so sad, buyer beware, court granted the decision of rescission, hirsky did not get his costs because he didn"t do his due diligence.
