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Write down your answers to the following questions and then check your responses against the answer guidance.
In brackets is the number of marks each answer is worth. There is a maximum of 31 points available.
- How can Hartog v Colin & Shields and Smith v Hughes be distinguished? (3)
- What is the essential difference between a mutual mistake and a unilateral mistake? (2)
- Why is it important to determine whether a contract is void for mistake as to identity or voidable for fraudulent misrepresentation as to identity? (3)
- What does a mistaken party need to show in order for a contract to be void for mistake as to identity? (6)
- What is the consequence if the contract is in fact void? (1)
- In Ingram v Little what did Devlin LJ propose as an alternative to the void or voidable solution? (3)
- Distinguish what is meant by a contract that is void for mistake from a contract that is merely voidable. (2)
- Explain the decision of McRae v Commonwealth Disposals Commission in the context of common mistake. (3)
- Why is it generally the case that a common mistake as to quality does not render the contract void? (1)
- Can a party who made a common mistake as to quality ever avoid the contract it has made? (3)
- Distinguish Krell v Henry and Griffith v Brymer.
(2)Why is this distinction important? (2)
Total available points: 31