Self-test questions: Mistake (agreement and non-agreement)

. Which one of the following cases is authority for the principle that cases concerning 'mistake of identity' should be resolved by the application of an objective test, employing the standard rules of offer and acceptance?

. In which one of the following cases was it held that the contract might not be enforceable because one of the parties knew, or should have known, the other party's mistake and failed to draw it to the other party's attention at the time when the contract was made?

. Andy, presenting himself as a well-known figure, Carlos Roberto, entered into a contract with Bianca over the telephone. Bianca believed that she was contracting with Carlos Roberto. Bianca has now discovered the fraud and she claims the contract is void for her mistake as to the other party's identity, but she is unsure which legal authority she should cite. Which one of the following statements of advice given to Bianca is true?

. Kiran owns an internet jewellery business, where goods can only be acquired on hire purchase terms. Claire clicks on Kiran's website and selects a pearl necklace (valued at £10,000). When asked to choose a 'method of payment', Claire clicks on the 'Cash' button. In accordance with the terms of the website, Claire is prompted to provide the following details: name; address; National Insurance number; bank account details; passport details (any 'payment in cash' will only be requested after delivery of the item has taken place). Because Claire recently burgled Sam's home, she is able to supply all the above details as though she is Sam. Kiran's website automatically carries out a credit check on Sam and, satisfied with the answers, the pearl necklace is dispatched to Sam. Claire is able to intercept the delivery of the necklace and immediately pawns it to Duane. Which one of the following statements most accurately reflects Kiran's rights?

. Tahir owns a tanker that has suffered a massive engine explosion. Tahir finds out from an independent source that a ship owned by Sarah is the closest vessel to the stricken tanker. Sarah agrees to divert her vessel in order to render assistance to the crew of Tahir's tanker, provided Tahir will agree to a minimum hire charge of £50,000, 'irrespective of whether Sarah's vessel is used or not'. Tahir accepts Sarah's offer, but finds out within minutes that Tahir's tanker has already sunk with the loss of all hands. Which one of the following statements most accurately represents the legal position of Tahir?

. Which one of the following statements is inconsistent with the decision in Couturier v Hastie (1856) 5 HL 673?

. Mark, a dealer in antiques, places a painting in his shop window priced at £10,000. Mark thinks the painting may be by Arthur Frier, a local artist whose paintings are now being sought by professional collectors, but as he is not certain of the painter's identity, he decides not to place any label on the painting. Ronnie enters the shop and says: 'That looks like a Frier to me, I'll take it.' Mark does not reply. Ronnie pays the price of £10,000 in cash. Ronnie now discovers that the painting is not by Frier and seeks a full refund. Which one of the following statements most accurately summarises the legal position?

. In which one of the following cases was the equitable jurisdiction to set aside a contract for 'fundamental' common mistake explicitly denied by the court for the first time?

. Sheila recently inherited a large sum of money on the death of her uncle. She decides to purchase a specific painting from Jamie, the owner of an art gallery. Jamie assures Sheila that the painting is genuine and worth £1,000,000. Sheila decides to purchase the painting without consulting an independent expert. The painting turns out to be a forgery and worth only £10,000. Which one of the following statements probably summarises the position between the parties?

. Which of one the following statements concerning the relationship between the doctrine of common mistake and the doctrine of frustration is true?

. A contract can be rendered void by common mistake only when it has not allocated the risk of the relevant mistake to one or other of the parties. In which one of the following cases was the contract rendered void by common mistake?

. Which one of the following statements concerning the decision of the House of Lords in Bell v Lever Brothers Ltd [1932] AC 161 is true?

. Serena purchased a ticket from Top Tickets to attend a match at the Wimbledon tennis championships. At the time Serena purchased the ticket, it had not been made known publically that one of the players had withdrawn from the match because of injury and so the match had been cancelled. Neither Serena nor Top Tickets knew of the cancellation when Serena purchased the ticket. Which one of the following most accurately summarises the legal position?

. Kyra sold a Ming vase to Marie when Marie visited Kyra's shop. Marie represented that she is a famous celebrity and on that basis Kyra allowed Marie to take the vase on credit in return for a promise of the cash the following week. In the meantime, Marie sold the vase to Archie for cash. Archie knew nothing about how Marie acquired the vase, but paid a discounted price as Marie told him she needed a quick sale due to her cash flow issues. Marie has now disappeared without paying the balance owed to Kyra. If Kyra were able to locate the vase and wanted it back, which one of the following most accurately summaries the legal position?

. Parminder advertises the sale of his car for £10,000 in a local newspaper. The advertisement includes a list of features and information relevant to the car. On Monday, Devon contacts Parminder and visits him to look at the car, with a view to purchasing it. Devon notices two DVD players attached to the backseats of the car and a bike rack attached to the roof of the car. He makes an offer of £9,500 for the car, which Parminder accepts. Devon pays a deposit, which he is happy to do because he knowns Parminder through a friend. Parminder takes the car off the market and cancels all other visits to inspect the car. On Thursday, Parminder delivers the car to Devon. Devon notices the DVD players and bike rack are not attached to the car. Parminder states that they were not included in the price and Devon is mistaken. Devon refuses to accept the car and claims he is entitled to the return of his deposit. In relation to the parties' legal positon, which one of the following is true?

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