Deck 9: Mistake

Question 1

Where mistake is proven, a contract is generally voidable.

Answer 1

False

Question 2

How does the law deal with instances of mistaken identity in contracts made face to face, such as that in Shogun Finance v Husdon.

Answer 2

No Answer

Question 3

To what extent would you agree with Lord Millett's view that the law in this area is in something of a "quagmire"?

Answer 3

No Answer

Question 4

How does the approach of equity differ from that of the common law in relation to mistake?

Question 5

Define the concept of mistake.

Question 6

Do we need a doctrine of mistake?

Question 7

How readily does the law accept that parties might have made a mistake sufficient to undermine a contract?

Question 8

Distinguish between mistakes of fact and mistakes of law.

Question 9

How might the decision of the House of Lords in Bell v Lever Bros be criticised?

Question 10

Generally, what is the effect of an operative common mistake?

Question 11

In cases of mutual mistake would it be preferable for the courts to simply resolve the inherent uncertainy in the contract instead of finding that no contractual relationship exists at all? Which would better accord with intentions of the parties?

Question 12

How does unilaterial mistake differ from other forms of mistake?

Question 13

Unilateral mistake could arise in which of the following circumstances?

A) Where the parties believe a third party has made a mistake and agree to terminate the contract
B) Cases of mistaken identity
C) Where one party misrepresents that goods exist when in fact they do not
D) Where one party discovers a fact previously unknown to both parties

Question 14

Which of the following are set out as requirements for common mistake in The Great Peace?

A) There must be a common assumption as to the existence of a state of affairs
B) The state of affairs is only of peripheral importance to the contract
C) Expense must have been incurred as a result of the mistake
D) There must be no warranty that a particular state of affairs exists

Question 15

As in Griffith v Brymer mistake may be found where a contract is void as a result of 'commercial impossibility'.

Question 16

Raffles v Wichelhaus is a key case in relation to mutual mistake.

Question 17

The concept of 'detached objectivity' allows for cases of mutual mistake to be resolved by reference to how a third party would have understand the contract.

Question 18

Unilateral mistake can often arise out of a misrepresentation by one party.

Question 19

In cases of mistake arising out of mistaken identity the contract is negatived because one party never intended to deal with another, they intended to deal with the person they believed they were dealing with.

Question 20

Claims of mistake are often allowed because the mistake between the parties is said to do what?

A) Prohibit consent
B) Inhibit consent
C) Negative consent
D) Nullify consent

Question 21

Where there is a mutual mistake, there is essentially deemed to be no contract, why is this the case?

A) Because the parties cannot have intended to create legal relations in these circumstances
B) Because there is no consensus ad idem
C) Because it would not be equitable to hold them to the bargain
D) Common law dictates that any kind of mistake leaves a contract void ab initio

Question 22

Which of the following are identified as 'types' of mistake?

A) Mistake of fact
B) Mistake of law
C) Mistake of statement
D) Mistake of precedent

Question 23

Which of the following are examples of mistake?

A) The subject matter of the contract is destroyed after the contract is made
B) The subject matter of the contract was never agreed upon by the party
C) The subject matter of the contract never existed
D) The subject matter has now been disposed of by one party

Question 24

Which of the following are types of operative common mistake?

A) Impossiblity of agreement
B) Impossibility of risk
C) Mistake as to quality
D) Impossibility of performance

Question 25

In reality, how useful a concept is that of 'detached objectivity'?

Question 26

What is the meaning of 'common mistake'?

A) Mistakes that are commonly made
B) Mistake that renders a contract different from what the parties thought they were agreeing to
C) Mistake in common law
D) Mistake in agreements between family members

Question 27

Abe sold Benny his allotment saying that he would find in the ground a range of WWI memorabilia which he could then sell. Benny failed to find anything and is suing Abe. Would Abe be:

A) Not liable as he was mistaken as to the contents of the ground?
B) Not liable if he had good reason to believe items were there?
C) Liable for breach of contract?
D) Liable for misrepresentation?

Question 28

If Arthur buys from Kevin a picture both believe to be a Constable, but turns out to be a modern copy, would the contract:

A) Be voidable for mistake?
B) Be valid?
C) Be void for mistake?
D) Be set aside in equity?

Question 29

Which of the following is not a requirement of common mistake?

A) There must be a common assumption as to the existence of a state of affairs
B) There must be no warranty by either party that the state of affairs exists
C) The non existence of the state of affairs must not be attributable to the fault of either party
D) The non existence of the state of affairs must render performance of the contract inconvenient

Question 30

What is the meaning of 'non est factum'?

A) Latin for mistake
B) A mistake as to an oral agreement
C) A plea that a signature was made under a misapprehension
D) Another name for common mistake

Question 31

The leading case of Bell v Lever Bros (1932) is authority for the fact that:

A) Mistakes as to quality will not generally be operative mistakes
B) Silence will never amount to a misrepresentation
C) Common mistakes will always nullify an agreement
D) mutual mistakes, where the parties are at cross purpose will always nullify an agreement

Question 32

In which case were the plaintiff tricked out of his car by a fraudster pretending to be a famous actor?

A) Ingram v Little (1961)
B) Phillips v Brooks (1919)
C) Shogun Finance v Hudson (2003)
D) Lewis v Averay (1972)

Question 33

The case of Raffles v Wichelhaus (1864) concerned what type of mistake?

A) Mutual mistake
B) Unilateral mistake
C) Common mistake
D) This case concerned misrepresentation not mistake

Question 34

A common mistake where something has ceased to exist at the time a contract is made will be void. This type of common mistake is sometimes referred to as

A) Res extincta
B) Non est factum
C) Caveat emptor
D) Res praesentes

Question 35

Where a mistake is made as to the identity of the other contracting party, the general rule is that for the mistake to be operative, the mistake must relate to:

A) The identity and the attributes of the person with whom a person is contracting
B) The identity, attributes and capacity of the person with whom a person is contracting
C) The identity but not the attributes of the person with whom a person is contracting
D) The attributes but not the identity of the person with whom a person is contracting

Question 36

What is meant by a contract which is made inter praesentes"?

A) A contract entered into on-line
B) A contract made face to face
C) A contract made in writing
D) contract made as a result of a mutual mistake