ADMS 2610 Chapter Notes -Undue Influence, Non Est Factum

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Published on 10 Oct 2012
School
York University
Department
Administrative Studies
Course
ADMS 2610
Professor
Page:
of 2
FAILURE TO CREATE AN ENFORCEABLE CONTRACT NOT TORTILLAS with DIP[anchovies &
cheese]
- RECALL Requirements for a valid contract:
o Offer
o Acceptance
o Intention
o Consideration
o Capacity
S I T U A T I O N S W H I C H M A Y R E N D E R A C O N T R A C T U E N F O R C E A B LE
- Mistake one party or both parties have formed an erroneous opinion as to identity of subect
matter ¸or an important term
o Mistake of law
Presumed to know the law
No relief provided
o Mistake of fact
Mistake as to existence of the subject matter of the contract or the identity of a
party
Court may provide relief
Mistake as to subject matter of a contract
General rule contract is void
Mistake as to identity
Depends if it is an essential
o 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
o Unilateral and mutual mistake
Unilateral mistake by one party
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
o If both parties make same mistake as :
Subject matter unenforceable
Identity dealt with case by case
- Misrepresentation - Voidable,
at the option of the injured party
recession
o Innocent Recession Only
o Fraudulent Recession and damages
Deceit a tort that arises when a party suffers damage by acting upon a false
representation made by a party with the intention of deceiving the other
o Negligent recession and damages
- Undue influence
o A state of affairs whereby a person is so influenced by another that the person’s judgment is
not his or her own
o Contract is voidable at option of weaker party
- Duress the threat of injuring or imprisonment for the purpose of requiring another to enter into a
contract or carry out some act
o Contract is voidable at option of person once they come out from under duress

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 :