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22 Cards in this Set
- Front
- Back
Galloway v Galloway
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RES EXTINCTA
couple entered into a separation agreement thinking they were married. However previous wife alive. The matter existed no longer |
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Couturier v Hasite
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Sale of corn
-Corn was being shipped from Greece, by the time it reached London, it had fermented, so the captain sold it off -The contract for the sale of corn never existed |
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Griffith v Brymer |
Impossibility
A contract where hiring of building. At the end of the contract "if God permits" This genuinely was a bad contract.
The building burned down and it was impossible to perform the contract.
The judged added in the obiter that if you enter into a bad contract, it is not liable |
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Bell v Lever Bros
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Two directors entered into a contract to terminate their contract
-In fact both had breached the contract and would have allowed to be terminated without compensation. Later tried to sue for the compensation money. |
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leaf v International Galleries
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Sale of painting that both parties believed it to be constable, but which in fact was not.
The contract was not void as they wanted to buy an painting and got what they wanted. Could have gone for misrep- due to the laspe of time |
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Nicholsan & Venn v smith Marriott
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Napkins which were described as the property of Charles 1st - were sold
- Turned out to be Georgian, which was less cheaper -Made on the obiter that it could have been seen as void for mistake, -They showed that they were merely after antique napkins -Mistaken over the value |
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Solle v Butcher
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-Landlord and tenant agreed a price to rent flat.
-They were mistaken about the amount that could be legally charged. courts said that contract was not void as they had the power of equity to rescind the lease and give the tenant the option to stay the correct rent. (Denning) (per incuruim) (Young Bristol) -To aviod the harsh contract without making it void. |
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Great Peace Shipping v Tsavliris salvage
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Ship was stranded at sea- danger of sinking.
Contract was made between parties of another ship. Ship moved Contract of quality ( position of the ship) Of Solle- Equity and renegotiate the price. Outcome- not be void - ship actual position didn't matter |
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Tamplin v james
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Pub brought at auction
- The field wasn't included -Mistake didn't make the contract void as they were clear the field was part of the contract |
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raffles v Bombay
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Shipload of cotton from bombay
- 2 ships of cotton Mistake as to the subject matter of the contract- enough mistake to make the contract void for mistake |
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Scriven v Hindley
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Though he was buying 2 hemps- but was buying and one was tow
reasonable mistak |
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Smith v Hughes
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Mistake in the sell of oats
- New oats instead of old oats The seller didn't disclose anything - correct samples of oats |
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Cundy v Lindsay
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-False identify
Rogu with a similar name of a company wrote to wood street goods. The goods were resold by rogue, which eventually the originally company brought it intended to sell to Blenkiron not Blenkarn- mistake over address was reasonable |
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Kings Norton Metal v Edridge Merrett
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No fundamental difference- wasn't a face to face contract
A rogue wrote a letter saying how good they are in a different country When rouge obtained the goods he sold them and disappeared misrep of the size of the firm only led to the mistake of creditworthiness. Contract was voidable for mistake |
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Phillips v Brooks
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Jewellers shoop , picked out goods to buyRouge claimed to be Some else
Not a mistake of identity but of credit worthiness, not void but voidable.no fundamental difference |
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Ingrams v Little |
-Three elderly ladies sold car to a man (lied about himself) -Checked phone book -Checked bounced -Courts said recovery of car -Rogue claimed-fundamental difference |
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Lewis v Avery |
-Claimed actress to be played Robin Hood-studio pass to prove -Face to face- seller intents to sell person in front of them -distinguished from Ingrams - as empathy for old ladies |
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Shogun Finance v Hudson |
-Stolen identity -Showrooms of Mitsubu- shogun arrived at showroom claiming Patel, then did credit check -Arranged finance over phone. Drove off, then care was sold off Mistake- finance agreement obtained by trick- presenting flase documents- void for mistake |
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Hartog v Colin & Shields |
-Fur trader negotiated with English Merchants -Price discussed - and final offer made it way cheaper than expected or intended Mistake was well known |
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Centrovincial Estates v Merchants Investors |
Landlord offered to renew a lease £65,000 instead of £126,000 - tenant did not realize the mistake |
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Saunders V Anglia Building Society |
Non est factum - fundamental difference no carelessness -Mrs G widow - nephew to raise money signed without reading did not repay mortgage void for non est factum |
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Foster v Mackinson |
Elder man not sight sign a guarantee the document was so different from what he believed - non est factum |