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Mistake

Contract Law

Case NameDescription
Coutier v Hastie Contract to buy and sell corn would be void if the food had, unbeknownst to both parties, perished
Galloway v Galloway A separation agreement would be void if the parties thereto were actually never married to each other in the first place
Fitzsimons v O'Hanlon No mistake in agreement to divide estate, even though a further bank deposit was later found
Great Peace Shipping v Tsavliris Merchant vessel turned out to be further away from sinking ship than originally thought, but they had not sought to cancel the contract until they discovered a nearer vessel
Mespil v Capaldi Contract referring to “full and final settlement of all matters” held void as the defendants thought it also covered disputes which might not yet have been the subject of actual litigation
Megaw v Molloy Defendant intended to buy higher quality maize from a different ship than the one the plaintiff intended to sell
Phillips v Brooks Rogue visited jewellery shop and took ring with him, pawning it to the defendant
Ingram v Little Three elderly old ladies sold car to rogue
Shogun Finance v Hudson Court held hire-purchase agreement could only have been entered into by the person who owned the driver's license shown, which it had not been
Danske Bank v Walsh Number of experienced businessmen attempted to claim they had not realised they were signing a guarantee in favour of the plaintiff
First Finance Ltd v Lavelle Non-national woman entered into loan contract, believing herself to be setting up a trust fund for her children
Created by: maevb