Chapter 8 Open-ended questions

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.

1. How can Hartog v Colin & Shields and Smith v Hughes be distinguished? (3)
2. What is the essential difference between a mutual mistake and a unilateral mistake? (2)
3. 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)
4. What does a mistaken party need to show in order for a contract to be void for mistake as to identity? (6)
5. What is the consequence if the contract is in fact void? (1)
6. In Ingram v Little what did Devlin LJ propose as an alternative to the void or voidable solution? (3)
7. Distinguish what is meant by a contract that is void for mistake from a contract that is merely voidable. (2)
8. Explain the decision of McRae v Commonwealth Disposals Commission in the context of common mistake. (3)
9. Why is it generally the case that a common mistake as to quality does not render the contract void? (1)
10. Can a party who made a common mistake as to quality ever avoid the contract it has made? (3)
11. Distinguish Krell v Henry and Griffith v Brymer.
    (2)Why is this distinction important? (2)

Total available points: 31