Mistake

A Mistake in Contract Law is defined as ‘a mistake of one party which is not shared by the other party, and which may, or may not, be known about the other party’ in these law notes each case is presented as concise summary giving the student the working ability to quickly understand the facts that are important. Followed by the ratio of the case and the reason why decision was arrived at and how the case creates the general principle. There is also commentary on how the case should applies.

Cases

Common mistake

Couturier v Hastie (1856) 10 ER 1065, HL

Scott v Coulson [1903] 2 Ch 249, CA

Cooper v Phibbs (1867) LR 2 HL 149, HL

Mistake as to quality

Bell v Lever Brothers [1932] AC 161, HL

Mutual Mistakes

Raffles v Wichelhaus(1864) 159 ER 375, Exchequer

Scriven Bros v Hindley [1913] 3 KB 564, Lawrence J

Smith v Hughes (1871) LR 6 QB 597, QB

Unilateral mistake

Hartog v Colin & Shields [1939] 3 All ER 566, Singleton J

Shogun Finance v Hudson [2004] 1 All ER 215, HL

Mistaken Identity

Cundy v Lindsay (1878) LR 3 AC 459, HL

Face- to- face Principle

Ingram v Little [1961] 3 All ER 332, CA

Rectification

Bates v Wyndham's Lingerie [1981] 1 All ER 1077, CA