ADMS 2610 Chapter Notes -Undue Influence, Non Est Factum
Document Summary
Failure to create an enforceable contract not tortillas with dip[anchovies & cheese] Recall requirements for a valid contract: offer, acceptance, consideration, capacity. Mistake one party or both parties have formed an erroneous opinion as to identity of subect matter or an important term: mistake of law. No relief provided: mistake of fact. Mistake as to existence of the subject matter of the contract or the identity of a party. Mistake as to subject matter of a contract. Depends if it is an essential: non est factum. If they can establish they were not aware of the true nature of the document, and were not careless in its execution then they can avoid liability: unilateral and mutual mistake. Mutual mistake mistake where both parties have made mistaken assumptions as to the subject matter of the agreement. Courts will not enforce agreements when the other party is aware of the mistake being made. If both parties make same mistake as :