MISTAKE
Types Of Mistake
Common Mistake
Mutual Mistake
Unilateral Mistake
Res Extincta
Section 8 Of the Sale Of Goods Act
Where there is a contract for the sale of specific goods which without the buyers knowledge have perished, the contract is void
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.
Res Sua
Cooper v Phibbs
Raffle v Wichelhaus
Cundy v Lindsay
Phillips v Brooks
Documents Mistakenly Signed
Gallie v Lee
Mistake as to The Quality Of The Subject
Leaf v International Galleries
REMEDIES
Joscelyn v Nissen