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What are the circumstances in which a mistake by a party to a contract will be regarded in law as never been entred into?
There are three types of mistakes which the parties may made during contracting .
They are . Common , Mutual and Unilateral mistake . When there is no consensus ad idem it will result in mistakes which are .
Common and mutual mistake may be confuse , but mutual one is when both parties are mistaken as to the offer , acceptance of the contract both thought differently and believe the other consent to what he said , it base on the fundamental matter of the contract while common mistake is oppose to that one .
Unilateral one is when one party is mistaken while the other is not .
Check in old English case of Smith VS Hughes .
At common law , the law declare any contract found under mistake as Void .
Equity apply flexible approach , may treat the contract as voidable , refuse specific performance , injunction or restitution . Contracts under Unilateral mistake especially are likely to be consider as void and those found based on mutual mistake .
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Can someone who has lived in the US for over 12 years legally obtain his or her green card?
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What did Harry Styles achieve in their life?
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Which aqidah is correct?
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