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Questions and Answers
What is the defence of non est factum based on?
What is the defence of non est factum based on?
- A person's fundamental misapprehension as to the substance of the document (correct)
- A person's negligence in signing a document
- A person's mistake as to the identity of the other party
- A person's failure to read the document carefully
Who bears the burden of proof in a non est factum defence?
Who bears the burden of proof in a non est factum defence?
- The court
- The party who signed the document (correct)
- The party who prepared the document
- The legal representative of the party who signed the document
What is a rare example of a successful plea of non est factum?
What is a rare example of a successful plea of non est factum?
- A person signing a document with a minor mistake
- A person signing a lease as a guarantor (correct)
- A person signing a contract without reading it
- A person signing a document under duress
What is the main issue in mistake in equity?
What is the main issue in mistake in equity?
What is the name of the case that led to the end of the equitable jurisdiction to set aside on terms?
What is the name of the case that led to the end of the equitable jurisdiction to set aside on terms?
What is the requirement for a contract to be considered void due to a mistake?
What is the requirement for a contract to be considered void due to a mistake?
What was the consequence of the chairman and vice-chairman's breach of their contracts of employment?
What was the consequence of the chairman and vice-chairman's breach of their contracts of employment?
What was the subject matter of the termination contract in the Bell v Lever Brothers Ltd case?
What was the subject matter of the termination contract in the Bell v Lever Brothers Ltd case?
What was the mistake in the Bell v Lever Brothers Ltd case?
What was the mistake in the Bell v Lever Brothers Ltd case?
What was the outcome of the Bell v Lever Brothers Ltd case for Lever Brothers?
What was the outcome of the Bell v Lever Brothers Ltd case for Lever Brothers?
When will courts find a contract void due to a unilateral mistake?
When will courts find a contract void due to a unilateral mistake?
What is the primary reason courts are unwilling to find a contract void due to a unilateral mistake?
What is the primary reason courts are unwilling to find a contract void due to a unilateral mistake?
What is the term for the situation in which a party signs a document that is fundamentally different from the one they intended to sign?
What is the term for the situation in which a party signs a document that is fundamentally different from the one they intended to sign?
In which scenario is the non-mistaken party likely to bear the burden of proof?
In which scenario is the non-mistaken party likely to bear the burden of proof?
What is the primary consequence of a unilateral mistake on contractual liability?
What is the primary consequence of a unilateral mistake on contractual liability?
What is required for a contract to be void due to a mistake?
What is required for a contract to be void due to a mistake?
In the case of Smith v Hughes, what was the sale of oats made by?
In the case of Smith v Hughes, what was the sale of oats made by?
What is not sufficient to avoid a contract due to a mistake?
What is not sufficient to avoid a contract due to a mistake?
What is required of the promisor's conduct for the contract to be void?
What is required of the promisor's conduct for the contract to be void?
What is the general rule regarding mistakes in contracts?
What is the general rule regarding mistakes in contracts?
What type of mistake is discussed in relation to identity?
What type of mistake is discussed in relation to identity?
Which type of mistake is not relieved by law?
Which type of mistake is not relieved by law?
What is the effect of an operative mistake at common law?
What is the effect of an operative mistake at common law?
What is the role of equity in mistake?
What is the role of equity in mistake?
Why are courts reluctant to find an operative mistake?
Why are courts reluctant to find an operative mistake?
What happens when there is an absence of genuine agreement between parties due to bilateral mistakes?
What happens when there is an absence of genuine agreement between parties due to bilateral mistakes?
What is the result when the parties' separate mistakes are sufficiently fundamental in bilateral mistakes?
What is the result when the parties' separate mistakes are sufficiently fundamental in bilateral mistakes?
What was the outcome in the case of Raffles v Wichelhaus?
What was the outcome in the case of Raffles v Wichelhaus?
What happens when the mistake 'negatives' the consent of the parties to contract?
What happens when the mistake 'negatives' the consent of the parties to contract?
What is the consequence when the parties are at 'cross purposes' in a bilateral mistake?
What is the consequence when the parties are at 'cross purposes' in a bilateral mistake?
What is the outcome of a bilateral mistake in a contract?
What is the outcome of a bilateral mistake in a contract?
What was the limitation in English contract law regarding mistakes?
What was the limitation in English contract law regarding mistakes?
In which case was recovery of a mistaken payment allowed due to a mistake of law?
In which case was recovery of a mistaken payment allowed due to a mistake of law?
What is the basis for determining if a mistake of law makes a compromise impossible?
What is the basis for determining if a mistake of law makes a compromise impossible?
What is the consequence of a bilateral mistake in a contract?
What is the consequence of a bilateral mistake in a contract?
What is the significance of the Cooper v Phibbs case?
What is the significance of the Cooper v Phibbs case?
What is the result of a common mistake of law in a contractual compromise?
What is the result of a common mistake of law in a contractual compromise?
What is the significance of the Brennan v Bolt Burdon case?
What is the significance of the Brennan v Bolt Burdon case?
What is the consequence of a bilateral mistake in a contract according to the House of Lords?
What is the consequence of a bilateral mistake in a contract according to the House of Lords?
What is the requirement for determining if a mistake makes a compromise impossible?
What is the requirement for determining if a mistake makes a compromise impossible?
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