Classic Classic Quiz Mistake by Diamondsareforever Diamondsareforever 173 played - 12 yrs ago A quiz about the doctrine of mistake in UK contract law. QUIZ 30 QUESTIONS hard 1 What is mistake? Parties make errors in subject matter or terms of the contractA false statement of fact that induces the other party to enter into a contractInput mistake or input false statement by electronic meansBoth parties make the same mistakeOne of the parties is mistaken and the other should know this 2 Which of these is not a form of mistake? Innocent mistakeCommon mistakeMutual mistakeUnilateral mistake 3 What is the effect of mistake? Renders the contract voidRenders the contract voidableEnds the contractRenders the contract void or voidableGives rise to a claim for damages 4 What case relates to common mistake as to the existence of subject matter? Cooper v Phibbs [1867]EdridgePhilips v BrooksScott v Coulson [1903]Shogun v Hudson 5 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] 6 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 landOne party already owned the fishery which they boughtThere were two ships with the same nameThe horse was not a mare but a geldingThe King's coronation was postponed so performance was not possible 7 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] 8 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] 9 What does the case of Raffles v Wichelhaus [1864] relate to? Mutual mistakeCommon mistake as existence of subject matterCommon mistake as to identity of ownershipCommon mistake as to quality of subject matterUnilateral mistake as to identity 10 What is the effect of unilateral mistake as to person or terms? Has no effectDoes not make the contract voidRenders the contract void only if it is fundamental to the subject matterGives rise to a claim for damagesRenders contract void 11 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 CoulsonGalloway v Galloway 12 What does the case of Kings Norton Metal Co Ltd v Edridge, Merrett & Co Ltd [1897] relate to? Mistake as to attributeMistake as to person inter praesentesMistake as to person inter absentesIdentity of ownershipPossibility of performance 13 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 presentIf one party pretends to be someone they are not then there is mistake as to personThat if a person conceals their identity there is mistake as to personThat mistake does not apply everThat the contract must be made in writing 14 What did the case of Phillips v Brookes Ltd [1919] relate to? Mistake as to person inter praesentesContracts made in writingQuantity of subject matterMistake as to atributeMistake as to a term 15 Is the face to face principle applicable to contracts made in writing? YesNoSometimes 16 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 otherSale by sample is bindingThat companies are only willing to do business by the person identifiedThat companies are willing to do business with anyoneThat where performance is impossible a contract is void for mistake 17 What did Smith v Hughes [1871] relate to the sale of? OatsDatesHorsesPropertyBoats 18 What did the rogue attempt to buy in Candy v Lindsay (1877-8)? HankercheifsHorsesSilverJewelleryBoats 19 What induced the mistake in Raffles v Wichelhaus [1864]? The sample was not accurateThe terms of the contract were not discussedOne party pretended to be a well known companyTwo ships with the same nameOne party used a false name 20 What was the mistake in Cox v Prentice [1815]? A silver bar was sold with the wrong weightThere were two ships with the same nameOne party pretended to be a well known companyOne party pretended to be someone they were notOne party pretended to be a fictional company 21 What did the case of Solle v Butcher [1950] relate to? Mistake as to quality of subject matterMistake as to quantity of subject matterMutual mistakeMistake as to a termMistake as to existence of subject matter 22 What did the case of Great Peace Shipping v Tsavliris Salvage [2002] relate to? Mistake as to quality of subject matterMistake as to quantity of subject matterMutual mistakeIdentity of ownershipNegligence liability 23 What did the case of Leaf v International Galleries [1950] relate to? Mistake as to quality of subject matterMistake as to quantity of subject matterMutual mistakeKnowledge and awareness of the clauseMistake as to identity 24 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 landThe commercial venture planned was impossible as the coronation was called offThere were two ships with the same name and each party meant a different shipOne party pretended to be someone they were not in order to buy a ring on creditOne party pretended to be a false company so that they could be handkercheifs on credit 25 What did the case of McRae v Commonwealth Disposals Commission [1951] relate to? Common mistake as to existence of subject matterCommon mistake as to ownershipCommon mistake as to possibility of performanceCommon mistake as to quality of subject matterCommon mistake as to quantity of subject matter 26 What did the case of Coururier v Hastie [1856] relate to? Common mistake as to existence of subject matterCommon mistake as to ownershipCommon mistake as to possibility of performanceCommon mistake as to quality of subject matterCommon mistake as to quantity of subject matter 27 What does voidable mean? The contract never had legal effectOne of the parties is mistaken about some fundamental factThe contract is valid and binding unless avoided or declared voidTwo parties mean different thingsBoth parties make the same mistake 28 What does void mean? The contract never had legal effectThe contract is valid and binding unless avoided or declared voidBoth parties make the same mistakeTwo parties mean different thingsOne party is mistaken 29 What is unilateral mistake? One of the parties is mistaken about some fundamental fact and the other party should know of thisThe contract never had legal effectParties make errors in subject matter or terms of the contractA false statement of fact that induces the other party to enter the contractInput mistakes or false statement by electronic means 30 What is mutual mistake Two parties mean different thingsBoth parties make the same mistakeOne of the parties is mistaken about some fundamental fact and the other party knows or should know of thisParties make errors in subject matter or terms of the contractA false statement A mistake in this Quiz ? Contact the author Commentaires