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A Level Law (Contract) Assignment 9 - Mistake
Task
You will be set one of the following questions:
1. Critically evaluate the circumstances in which a common mistake will result in a contract being declared invalid.
(Q2 June 2000)
or
2. Analyse the principles upon which the court will find a contract to be void following a common mistake.
(Q5 June 1997)
or
3. Faridah wishes to sell her rather valuable violin, so advertises it for sale. Germaine visits Faridah, explaining that she would like to buy the violin, and they agree on a price. Germaine produces a cheque book, but Faridah hesitates, saying that she would prefer cash. Germaine then replies, 'Look, you can see who I am,' and produces various items of identity, bearing the same surname as a famous musician. Faridah is embarrassed and agrees to take the cheque, handing over the violin to Germaine.
A few days later Faridah is contacted by her bank manager, who informs her that the cheque from Germaine is worthless, and that Germaine cannot be traced. Faridah is upset at this, but is surprised a few days later to see the same violin for sale in the window of a musical instrument supplier, Humbuskers. She tries to recover the violin from Humbuskers, but they claim that they paid a good price for it from someone who was going abroad, and would certainly not be prepared to give it back to her.
Advise Faridah as to whether she has any legal right to claim the return of the violin.
(Q8 June 1996)
or
4. Cecilia owns a shop in which she sells antiques. On one occasion a man enters the shop and offers to buy a valuable first edition book. He produces a cheque book with the name Reginald Irving printed on the cheques. Cecilia has heard of a Reginald Irving who is a well-known authority on antique books. She therefore accepts the cheque and allows the man to take the book away.
On the same day Prudence buys a set of cutlery from Cecilia. The cutlery is stored in a box consisting of two layers. Prudence inspects the top layer to satisfy herself that the articles are solid silver. On returning home she discovers that the cutlery in the bottom layer is only silver plated and worth much less than she paid for it.
Advise Cecilia who has since discovered that the man was an imposter; his cheque was worthless and he has sold the book to a third party who refuses to return it. Prudence has returned the box of cutlery and is asking Cecilia to refund her money.
(Q10 June 1993)
or
5. '… a narrow doctrine of common law mistake, supplemented by a more flexible doctrine of mistake in equity, seems to me to be an entirely sensible and satisfactory state of the law.' (Steyn J., in Associated Japanese Bank v. Credit du Nord (1988))
Discuss the limitations of mistake at common law and the circumstances in which equity will provide a remedy to a party who has entered into a contract by mistake.
(Q3 June 1992)
Guidance
My students should see me in the Law workshop or email me if help is required with this assignment.
Set: [date]
Due: [date]
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