Law 5110 Study Guide - Quiz Guide: Lever Brothers, Specific Performance
Document Summary
Mistake: what is the doctrine of mistake, types of mistake common, mutual, unilateral, remedies for mistake. Aim is get the contract to be void- as if the contract never existed: voidable is different to void, someone can choose to ignore it. If one party can prove that they were under a mistake of fact or law when the contract was (apparently) formed, the court may declare the contract to be void. Bell v lever bros (1932: the mistake must be sufficiently fundamental must relate to an essential element of the subject matter of the contract, bell agreed to cease employment with lb in return for a termination payment. Bell had previously engaged in activities that would have permitted termination by lb without any payment. Lb claimed mistake over the value/quality of the contract. Termination payment is not relevant: court: no mistake. Lb obtained what it bargained for the termination of bell.
