Mistake

by Diamondsareforever

164 played - 10 yrs ago

A quiz about the doctrine of mistake in UK contract law.

30 QUESTIONS

52%

What is mistake?

Parties make errors in subject matter or terms of the contract

A false statement of fact that induces the other party to enter into a contract

Input mistake or input false statement by electronic means

Both parties make the same mistake

One of the parties is mistaken and the other should know this

Which of these is not a form of mistake?

Innocent mistake

Common mistake

Mutual mistake

Unilateral mistake

What is the effect of mistake?

Renders the contract void

Renders the contract voidable

Ends the contract

Renders the contract void or voidable

Gives rise to a claim for damages

What case relates to common mistake as to the existence of subject matter?

Cooper v Phibbs [1867]

Edridge

Philips v Brooks

Scott v Coulson [1903]

Shogun v Hudson

Which of these cases relates to common mistake as to ownership?

Cooper v Phibbs [1867]

Griffith v Brymer [1903]

Sheikh Brothers Ltd v Ochsner [1957]

Kings Norton Metal Co Ltd v Edridge, Meritt & Co Ltd [1897]

Hartog v Colin & Shields [1939]

Why was there mistake in the case of Griffith v Brymer [1903]?

It was not possible to grow the stated amount of sisal on the land

One party already owned the fishery which they bought

There were two ships with the same name

The horse was not a mare but a gelding

The King's coronation was postponed so performance was not possible

Which is the key case with regards to common mistake as to quality of subject matter?

Sheikh Brothers Ltd v Ochsner [1957]

Cox v Prentice [1815]

Raffles v Wichelhaus [1864]

Smith v Hughes [1871]

Bell v Lever Brothers Ltd [1932]

Which case relates to common mistake as to quantity of subject matter?

Cox v Prentice [1815]

Sheikh Brothers Ltd v Ochsner [1957]

Bell v Lever Brothers Ltd [1932]

Leaf v International Galleries [1950]

Great Peace Shipping v Tsavliris Salvage [2002]

What does the case of Raffles v Wichelhaus [1864] relate to?

Mutual mistake

Common mistake as existence of subject matter

Common mistake as to identity of ownership

Common mistake as to quality of subject matter

Unilateral mistake as to identity

What is the effect of unilateral mistake as to person or terms?

Has no effect

Does not make the contract void

Renders the contract void only if it is fundamental to the subject matter

Gives rise to a claim for damages

Renders contract void

Which case relates to negotiation inter absentes?

Candy v Lindsay (1877-78)

Kings Norton Metal Co Ltd v Edridge, Merrett & Co Ltd [1897]

Raffles v Wichelhaus [1864]

Scott v Coulson

Galloway v Galloway

What does the case of Kings Norton Metal Co Ltd v Edridge, Merrett & Co Ltd [1897] relate to?

Mistake as to attribute

Mistake as to person inter praesentes

Mistake as to person inter absentes

Identity of ownership

Possibility of performance

What happens when the parties negotiate face to face?

There is a presumption that they want to enter into the contract with the party who is present

If one party pretends to be someone they are not then there is mistake as to person

That if a person conceals their identity there is mistake as to person

That mistake does not apply ever

That the contract must be made in writing

What did the case of Phillips v Brookes Ltd [1919] relate to?

Mistake as to person inter praesentes

Contracts made in writing

Quantity of subject matter

Mistake as to atribute

Mistake as to a term

Is the face to face principle applicable to contracts made in writing?

Yes

Sometimes

What did the case of Hartog v Collin & Shields [1939] hold?

That where mistakes are so fundamental and obvious the party is to be taken as having known about the mistake of the other

Sale by sample is binding

That companies are only willing to do business by the person identified

That companies are willing to do business with anyone

That where performance is impossible a contract is void for mistake

What did Smith v Hughes [1871] relate to the sale of?

Oats

Dates

Horses

Property

Boats

What did the rogue attempt to buy in Candy v Lindsay (1877-8)?

Hankercheifs

Horses

Silver

Jewellery

Boats

What induced the mistake in Raffles v Wichelhaus [1864]?

The sample was not accurate

The terms of the contract were not discussed

One party pretended to be a well known company

Two ships with the same name

One party used a false name

What was the mistake in Cox v Prentice [1815]?

A silver bar was sold with the wrong weight

There were two ships with the same name

One party pretended to be a well known company

One party pretended to be someone they were not

One party pretended to be a fictional company

What did the case of Solle v Butcher [1950] relate to?

Mistake as to quality of subject matter

Mistake as to quantity of subject matter

Mutual mistake

Mistake as to a term

Mistake as to existence of subject matter

What did the case of Great Peace Shipping v Tsavliris Salvage [2002] relate to?

Mistake as to quality of subject matter

Mistake as to quantity of subject matter

Mutual mistake

Identity of ownership

Negligence liability

What did the case of Leaf v International Galleries [1950] relate to?

Mistake as to quality of subject matter

Mistake as to quantity of subject matter

Mutual mistake

Knowledge and awareness of the clause

Mistake as to identity

What did were the facts of Sheikh Brothers Ltd v Ochsner [1957]?

Had to deliver 50 tons of sisal a month but it was no possible to grow that amount on the plot of land

The commercial venture planned was impossible as the coronation was called off

There were two ships with the same name and each party meant a different ship

One party pretended to be someone they were not in order to buy a ring on credit

One party pretended to be a false company so that they could be handkercheifs on credit

What did the case of McRae v Commonwealth Disposals Commission [1951] relate to?

Common mistake as to existence of subject matter

Common mistake as to ownership

Common mistake as to possibility of performance

Common mistake as to quality of subject matter

Common mistake as to quantity of subject matter

What did the case of Coururier v Hastie [1856] relate to?

Common mistake as to existence of subject matter

Common mistake as to ownership

Common mistake as to possibility of performance

Common mistake as to quality of subject matter

Common mistake as to quantity of subject matter

What does voidable mean?

The contract never had legal effect

One of the parties is mistaken about some fundamental fact

The contract is valid and binding unless avoided or declared void

Two parties mean different things

Both parties make the same mistake

What does void mean?

The contract never had legal effect

The contract is valid and binding unless avoided or declared void

Both parties make the same mistake

Two parties mean different things

One party is mistaken

What is unilateral mistake?

One of the parties is mistaken about some fundamental fact and the other party should know of this

The contract never had legal effect

Parties make errors in subject matter or terms of the contract

A false statement of fact that induces the other party to enter the contract

Input mistakes or false statement by electronic means

What is mutual mistake

Two parties mean different things

Both parties make the same mistake

One of the parties is mistaken about some fundamental fact and the other party knows or should know of this

Parties make errors in subject matter or terms of the contract

A false statement

Suggested by

Diamondsareforever

on Quizz.biz for www.chestnutridge.co.uk

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