CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

What will form a misrepresentation? Must not be: A mere commendation – Dimmock v Hallett. A statement of opinion – Bisset v Wil ...

Statute – s.2(2) Misrepresentation Act 1967 – damages may be awarded in lieu – Zanzibar v British Aerospace. Damages If fraud ...

those used by the college. Conn knew that this was not true, as virtually any computer would be compatible as long as it used th ...

12 Mistake A contract which is well formed, but where one or both parties have made some fundamental false assumption in forming ...

Two main groups of cases have arisen in this way: cases where the mistake is over the existence of the subject matter cases whe ...

It should also be noted that the doctrine is closely connected to the discharge of a contract by frustration. If a conference bu ...

(1867) a lease was drawn up to transfer a fishery, and unknown to both parties at the time, the buyer was already the owner. It ...

there is a very strict approach here, as this would, even for a company, have been a large amount of money to lose. The point is ...

In situations of common mistake it cannot really be said that there is ever any true agreement between the parties. There is no ...

Where there is some ‘extra’ factor the contract may be allowed to continue, as in the following case. Unilateral mistake Unilate ...

with goods on credit. The issue before the courts is whether the case is genuinely one of identity or creditworthiness. The case ...

Lord Denning took the opportunity to examine the two previous cases, and felt that the legal principles in Phillips v Brooks wer ...

begins the negotiations assumes responsibility for the risks involved. Lord Devlin, suggested in Ingram v Little that the court ...

Mistake relating to documents The general rule is that if parties sign a written document they are bound by it (see L’Estrange v ...

Rectification Rectification is a measure used by the courts to amend a written contract so that it reflects more accurately the ...

Summary Definition A ‘mistake’ is a false assumption made by one or both parties in the formation of a contract. Common mistake ...

Mistake over documents Generally parties are bound by written documents – L’Estrange v Graucob. Where a written contract is genu ...

3 Nazir advertises her car for sale in the local newspaper.A woman calling herself Pauline Smith arrives to see the car. She say ...

13 Illegality Even though a contract is well formed it may contain some element which is considered unlawful in its very nature, ...

Sometimes it is statute which causes a contract to be illegal. This was the case in Re Mahmoud and Ispahani (above). On other oc ...