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Contract Law

Introduction

Accepting a Contract

Contracts

Promise to Create Contract

Element of Contract Bargaining

Legally Enforceable Contract

Offer to Create Contract

Offer and Acceptance in Contracts

Incorporating standard terms

Privity in Contract Law

Notvation and Assignment Contracts

Ratification to Unauthorised Contract

Capacity

Capacity in Contract Law

Capacity of Mental Disability

Contract With Minors

Types of Contract

Contracts Relating to Employment Business

Contracts Promoting Immorality

IT Contracts

Electronic Contracts

International Contracts

Marriage Contracts

Contract For Sale of Goods

Conditional Sale Agreements

Collective Agreements

Deeds Contracts Under Seal

Licences for Ready Made Software

Bailment

Breach of Contract

Breach of Contract

Anticipatory Breach of Contract

Evidence Required  to Show Breach of Contract

Breach of Confidence

Disputes

Unfair Terms

Unfair Contracts

Undue Influence

Duress and Undue Influence in Contracts

Severance In Contract

Mistakes in Contracts

Contract Containing False Statements

Contents

Consideration In Contract

Contract Terms

What are Exemption Clauses

Exemption Clauses in Contract

Types of Exemption Clauses

Protection Against Exemption Clause

Legal Intent in Contract

Implied Contract Terms

What happens if I have made a mistake when entering into a contract?

If you believe that you should not have entered into a contract but that the terms of the contract are correct then you will need to look fully at the terms and conditions concerning cancellation and termination of the contract.

What happens if there is a mistake in the contract I have entered into?

If the contract that you have entered into contains a mistake then it may affect the validity of the contract. What will happen concerning the validity of a contract will depend on the nature and the kind of mistake made but in most cases this will result in the contract being void.

Mistake

What is meant by mistake?

Mistake in contract can be broken down to into the following four categories:

  1. Common Mistakes 
  2. Unilateral Mistakes
  3. Mutual Mistakes  
  4. Mistakes relating to Identity

Common Mistakes

In the situation of a common mistake the parties are in agreement with each other but have entered into the contract upon the same misapprehension, i.e. they have both relied on the mistake when entering into the contract. In the case of a common mistake which “goes right to the root of the contract” this will result in the contract being void as the mistake was fundamental to the contract.

The following common mistakes will cause the contract to become void:

What is the case concerning a mistake in relation to the quality of the subject matter of a contract?

If the mistake is in relation to the quality of the subject matter of the contract then the contract will still be valid at common law. An example of this is a contract between two people for the sale of a painting where both parties believed the painting to be painted by a particular artist. The fact that there was a mistake in relation to the artist would not make the contract void at common law.

The only way a contract will be void due to a mistake in relation to the quality of the subject matter if the quality of the goods was fundamental to the contract.

Unilateral Mistakes

Mutual Mistakes

Mistakes relating to Identity

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