vitiation: mistake

• What is a common mistake in contract law?

  Shared mistake about a fundamental matter
• Why does a common mistake make a contract void?

  It makes performance impossible or very difficult
• What happens if the subject matter of a contract ceases to exist?

  The contract is void for common mistake
• In the case of S sold cargo of corn to B, why was B not liable to pay?

  The cargo ceased to exist before the contract
• What does Section 6 of the Sale of Goods Act 1979 state about perished goods?

  The contract is void if goods perished unknowingly
• What was the outcome in Associated Japanese Bank v Credit du Nord SA?

  Plaintiffs recovered damages for breach of contract
• Why was the guarantee in Associated Japanese Bank case ineffective?

  The machines did not exist as guaranteed
• What was the mutual mistake in Cooper v Phibbs?

  Both parties were unaware of ownership
• What did Lord Atkin state about mistakes as to quality?

  They raise difficult questions affecting assent
• In Bell v Lever Bros Ltd, why was the claim for mistake refused?

  The mistake was about a quality, not a fact
• What did the court conclude in Leaf v International Galleries about the painting?

  No remedy for mistake as it was quality-based
• What are the four imperatives regarding mistake as to subject matter?

  Uphold contracts, cope with unexpected circumstances
• What is a mistake as to possibility of performance?

  Consent is nullified due to impossibility
• What was the mistake in Sheikh Brothers Ltd v Ochsner about sisal production?

  Both parties believed sisal could meet quotas
• What did Kleinwort Benson Ltd v Lincoln City Council establish about mistake of law?

  Money paid under mistake of law can be recovered
• What was the outcome in Griffith v Brymer regarding the cancelled procession?

  The contract was void due to common mistake
• What is a mutual mistake in contract law?

  Parties are at cross purposes in agreement
• What was the mistake in Raffles v Wichelhaus about the cotton bales?

  Two ships named Peerless caused confusion
• What defines a unilateral mistake in contract law?

  One party is mistaken, other knows it
• What happens when a contract is void due to unilateral mistake?

  There is no link between offer and acceptance
• What does 'vitiate' mean in contract law?

  To make void or voidable
• What is the general rule regarding face-to-face contracts and identity mistakes?

  Contract is not void due to identity presumption
• In Phillips v Brooks Ltd, why could the seller not recover the ring?

  The contract was valid despite identity mistake
• What was the outcome in Lewis v Averay regarding the car sale?

  The seller could not recover the car
• What was the ruling in Ingram v Little about the car sale?

  The contract was void due to identity mistake
• What happens when a contract is formed but a fact destroys its basis?

  The agreement may be discharged or vitiated
• Who did the fraudster claim to be in the case of Lewis v Averay?

  Richard Greene
• What did L accept as confirmation of R's identity?

  An official pass from Pinewood Studios
• What happened to the car after R sold it?

  It was sold to a third person
• What is the general rule regarding conduct and misrepresentation?

  Conduct alone can give rise to misrepresentation
• What was the court's decision regarding the recovery of the car?

  C could not recover the car from the buyer
• What did Denning LJ state about misrepresentation?

  Any behavior can mislead if it conveys false impression
• What was the name of the case involving Miss Elsie and Miss Hilda Ingram?

  Ingram v Little
• What was the outcome of Curtis v Chemical Cleaning & Dyeing Co. Ltd?

  • Conduct misled the buyer
  • Concealment of dry rot was fraudulent misrepresentation
  • No words were spoken, but actions implied all was well
• Why was the contract with 'Hutchinson' held void?

  It was void for mistake
• What was the case involving the Spice Girls and a motorcycle manufacturer about?

  Misrepresentation by conduct due to Geri Halliwell's departure
• What is vitiation in contract law?

  • It refers to the invalidation of a contract.
  • Occurs when an agreement is based on a mistaken fact.
  • Can lead to the contract being discharged or vitiated.
• What does the general rule state about misrepresentation of law?

  A misrepresentation of law cannot vitiate a contract
• Why is identity crucial in distance contracts?

  To ensure the correct person receives goods
• What is the Latin phrase meaning 'ignorance of the law is no excuse'?

  Ignorantia juris non excusat