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MISTAKE (Types Of Mistake (Unilateral Mistake (Cundy v Lindsay, Phillips v…
MISTAKE
Types Of Mistake
Common Mistake
Res Extincta
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Courturier v Hastie
A contract for the sale of corn between the claimant and the defendant had been made. However, unknown to both parties, the corn had fermented and was disposed off before the contract was formed. The claimant sought to enforce the title of the goods to the Defendant in order to recover the damages. The contract was void because the subject matter did not exist at the time the contract was made.
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