Lecture notes
Mistake in a contract
- Module
- Contract Law
- Institution
- University Of Leicester (LE)
Lecture notes including key cases, analysis and theories
[Show more]
Seller
Follow
Content preview
Topic 3- Mistake30/10/18
Latent Ambiguity that prevents agreement: Raffles v Wichelhaus 1864
Case of uncertainty therefore it was not considered a contract, one party thought
the shipping date was October and one thought it was december
02/10/18
Mistakes of Identity will cancel a contract: a conman goes to buy something on behalf of a
third party, cheque is used so they can use a fake identity, fraud, seller then sues as they
haven’t received the money due to fake details on the cheque. The third party has also been
conned as they didn’t know the goods were bought in the wrong way.
Legal context: Mistake was pleaded as you cannot give what you haven’t got
The original contract would be void as the rouge bought them by fraud
Therefore, the rouge doesn’t have the authority to sell the goods to the third party
Seller can only get the goods back from the third party if there is evidence that the
original contract was void for mistake
If the original contract wasn’t void for mistake, then the seller doesn’t have the
authority to get the good back from the third party as they are now the legal owner
of the goods.
The law will decide if the contract with the conman is void
If the courts find a meeting of the mind then it is a valid contract, if the seller
intended to deal with the rouge then it is a valid contract, if the meeting is done face
to face then it is assumed the seller intended to make a contract
Phillips v Brooks Ltd 1919
Rogue went into a jeweller pretending to be someone else to buy jewellery for his
wife, wanted to pay by cheque
The shop keeper checked the address of the man before accepting the cheque
The rouge sold it to a third party
Contract was not void as the seller intended to make a contract with that man, face
to face meeting
Ingram v Little 1961
Two sisters made an advert to sell a car- private
A rouge under a fake name agreed to buy the car and the sisters went to the post
office to check their identity
Contract was void for mistake because the sisters only agreed to deal with the fake
name not the actual name of the rouge
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller annamutter. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now