Chapter 8 Multiple Choice Questions

Mistake

Quiz Content

not completed
. A party is not bound by a contract if he entered it under a mistake.

not completed
. A void contract has never been a contract and never will be.

not completed
. There is a strong presumption in correspondence contracts that the person named in the correspondence is the person with whom the other party intends to contract.

not completed
. Which of the following form part of Lord Phillips' five principles in The Great Peace (2002) in relation to common mistake? Please select all that apply.

not completed
. The £50,000 compensation payment in Bell v Lever Bros (1932) was:

not completed
. The contract in Smith v Hughes was:

not completed
. The contract in Hartog v Colin & Shields (1939) was void because:

not completed
. Mr Hudson's contention that he had good title to the car in Shogun Finance v Hudson (2003) included which of following arguments? Please select all that apply.

not completed
. A contract valid at common law nevertheless used to be potentially voidable in ………, but that is no longer good law after The Great Peace established that the common law rule established in Bell v Lever Bros (1932) was the sole rule.

not completed
. A common mistake between the parties must be ……… in order to make the contract void.

not completed
. The doctrine of common mistake deals with circumstances in which the parties make a mistake about the facts at the time of contracting, but the doctrine of ……… deals with circumstances in which the facts change after contracting.

not completed
. Ben advertises 'Bat for sale'. Adam offers to buy the bat and Ben accepts. Adam subjectively believes that Ben intends to sell a cricket bat but Ben subjectively intends to sell his pet bat. The advert was placed in Ben's pet shop window.

not completed
. Which of the following features contributed to the court finding that the contract in Scriven Bros v Hindley and Co was void? Please select all that apply.

not completed
. A buyer who knows that the other party has made a mistake and tries to 'snap up' an offer will be bound by the terms subjectively intended by the other party.

not completed
. The decision of the Court of Appeal in Lewis v Averay is difficult to reconcile with the majority decision of the Court of Appeal in ………, because, in both cases, the seller checked the rogue's identity before letting him take the car away, but in the first case, the contract was voidable, and in the second case, the contract was void.

not completed
. Cundy v Lindsay (1878) is still good law and a contract in writing will be presumed to be between the parties identified in the writing.

Back to top