Law of Contract: Absence of Consensus and Mistake

The mistake must touch the agreement in a material or fundamental respect.

A contract can be rescinded if consensus was reached through misrepresentation, duress, undue influence, or commercial bribery.

Parties must seriously intend to contract, be of one mind as to material aspects, and be aware that all parties are of the same mind.

<p>Mistakes regarding the parties to the contract and mistakes regarding material terms are examples of material aspects.</p> Signup and view all the answers

<p>If there is a material mistake leading to absence of consensus, no contract can be said to have existed.</p> Signup and view all the answers

<p>A non-material mistake does not exclude actual agreement, but the contract may be voidable if consensus was reached improperly.</p> Signup and view all the answers

<p>Where a contracting party acts while under an incorrect impression regarding some fact that relates to or affects the contract.</p> Signup and view all the answers

<p>Unilateral mistake</p> Signup and view all the answers

<p>All parties to the contract</p> Signup and view all the answers

<p>Irrelevant mistake</p> Signup and view all the answers

<p>When the contract was based on a mistaken belief that a certain state of affairs existed when in fact it did not.</p> Signup and view all the answers

<p>The mistake</p> Signup and view all the answers

<p>Did the party lead the other party to believe that his declared intention represented his actual intention?</p> Signup and view all the answers

<ol> <li>Misrepresentation as to one party's intention. 2. Who made that representation. 3. Was the other party misled?</li> </ol> Signup and view all the answers

<p>Because the plaintiff entered into the agreement under a fair or reasonable mistake.</p> Signup and view all the answers

<p>He believed he was buying an immovable property pointed out by the defendant's agents.</p> Signup and view all the answers

<p>The other party being actually misled and whether a reasonable man would have been misled.</p> Signup and view all the answers

<p>To determine if the actual intention matched the common intention expressed.</p> Signup and view all the answers

<p>A party who concluded a contract under a bona fide and reasonable mistake as to its contents.</p> Signup and view all the answers

<p>When they have concluded the contract under a bona fide and reasonable mistake as to its contents.</p> Signup and view all the answers

<p>Rectification.</p> Signup and view all the answers

<p>Parties can correct themselves by agreement.</p> Signup and view all the answers

<p>Parties can simply perform as per the correct intention.</p> Signup and view all the answers

<p>When they have relied upon misrepresentations by the other party.</p> Signup and view all the answers

<p>Mistake is material if it relates to terms of agreement, rather than motive.</p> Signup and view all the answers

<p>Error in persona is material only if the identity of a party is of vital importance to the mistaken party.</p> Signup and view all the answers

<p>a) Is there consensus? b) If not, is there dissensus caused by a mistake? c) Is the other party aware of the mistake? d) Who induced the mistake and was it done by commission or omission which was either fraudulent, negligent or even innocent?</p> Signup and view all the answers

<p>The seller accepted an offer ostensibly made by two buyers jointly, but it was actually from only one buyer.</p> Signup and view all the answers

<p>The mistake was only considered material when the identity of a party was vital to the mistaken party.</p> Signup and view all the answers

<p>The court considered the mistake material based on its relation to the terms of the agreement, not the motive.</p> Signup and view all the answers