18 Questions
In Dickinson Motors v. Obahozer case, both parties were fully aware of the car's true owner.
False
Common mistake allows either party to rescind the contract, even if the mistake is minor.
False
Rectification can be granted by the court if there are substantial errors in the written contract.
False
Obahozer paid 291 pounds to Dickinson Motors for a car his son owed money on.
True
In the Dickinson Motors case, Obahozer received a different car than the one he thought he was getting.
True
The court ordered Dickinson Motors to repay Obahozer 291 pounds because of a common mistake regarding a vital matter in the transaction.
True
A reasonable mistake is known as a Justus error.
False
In the case Logan v Beit 1890 7 SC/AC 19, a mistake made by one party due to their own carelessness is considered reasonable.
False
Yelierton 1972(4) SA 114 states that reasonableness should not be decided on the facts of each case.
False
A person may deny the existence of a contract if they are estopped from doing so.
False
Unilateral mistake occurs when both parties are mistaken.
False
According to George v Fairmead at 471, the mistaken party can be bound by the contract based on quasi mutual asset.
True
Unilateral mistake can always vitiate a contract, regardless of the circumstances.
False
According to National and Overseas Distributors Cooperation Pty Ltd v Potato Board, a unilateral mistake can vitiate a contract if the other party induced the mistake by misrepresentation.
True
The scope for a degree of unilateral mistake is wide and covers various situations according to Lamdsbergen v Van der Walt.
False
Mutual mistake occurs when only one party is mistaken about the other's intention.
False
A unilateral mistake must be reasonable in order to vitiate a contract.
True
In the case of Lamdsbergen v Van der Walt, it was held that any mistake, regardless of its materiality, can release the mistaken party from the contract.
False
Explore the concept of reasonable mistakes in contract law and how they can invalidate a contract. Learn about case laws like Logan v Beit and George v Fairmead Properietary Ltd that illustrate the impact of mistakes on contractual agreements. Understand the importance of reasonableness in contract disputes and how it is determined based on the specific circumstances of each case.
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