Chapter 11

• What are the four elements that a contract has to be free off?

  Mistake, misrepresentation, duress, undue influence
• What is a state of affairs in which a party of both parties has found an errorouse opinion as to identify of subject matter, or some other important term.

  Mistake
• What are the two types of mistakes?

  Mistake of law and mistake of fact
• Mistake of law is when parties presumed to know the law.
• Which type of the two mistakes does the law not provide a relief too?

  Mistake of law
• What is a mistake that is related to the subject matter ot the identity of the parties?

  Mistake of fact
• Which of the two types of mistakes does the law have a relief too but it depends on if the mistake is related to the subject matter or the identity of the parties?

  Mistake of fact
• What is a defence that may allow a person who cannot read, write or is weak to avoid the liabilities of a written agreement if they can establish that they: did not know the true natue of the agreement and were not careless in its execution


  Non est factum
• What are the two forms of mistakes?

  Mutual and unilateral Mistake
• What is it called when only one party makes a mistake?

  Unilateral mistake
• What is it called when both parties make a mistake regarding the subject matter of an agreement?

  Mutual mistake
• When both parties make the same mistake regarding the subject matter of an agreement the contract is unenforceable.
• When both parties make the same mistake regarding their identities it will be dealt with a case by case basis.
• What is a correction of a mistake in an agreement that would cause the agreement impossible to perform.

  Rectification
• What is a statement or conduct that may be innocent or fraudulaent that convince a person to enter a contract?

  Misrepresentation
• The revocation of a contract or agreement that is only if the innocent or injured party relies on the false statement.

  Rescission
• What are the three types of misrepresentations?

  Innocent, negligent, fraudulent
• What is the result of a innocent misrepresentaion contract?

  Rescission
• What is the result of a negligent and fraudulent mirepresentaion contract?

  Rescission and damages
• What is a false statement of a material fact made by a party that thought the fact was true?

  Innocent misrepresentation
• What is a false statement made my a party that knows that it is false in the intention to decive the other party?

  Fraudulent misrepresentation
• A tort that arise when a party suffers damages by acting upon a false representation made by a party with the intention of deceiving the other.

  Deceit
• A statement that are reckless but not innocent nor fraudulent

  Negligence misrepresentation
• A statement of affairs whereby a person is so influenced by another that the person's judgement is not his or her own.


  Undue influence
• A threat of injuring or imprisonment for the purpose to require another to enter into a contract or carry out some act.

  Duress