End-of-chapter questions: Answer Guidance 23.2

This raises problems of common mistake. The vase had been damaged before the contract was entered into. Amy might argue that there is a common mistake. You might consider whether this is a mistake as to quality, or whether the vase is so damaged that it has been destroyed and therefore ‘perished’. If the contract is not void for common mistake, is Jake in breach of any implied term (see Chapter 13)? As regards the table, Jake will try to argue that the contract is void for mistake. This is clearly a mistake as to quality, and it is highly unlikely Jake will have any success.