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FREE CONSENT - Coggle Diagram

- - - - Case Law
        
        Galloway v Galloway
        
        Oh Hiam & Others v Tham Kong (1980)
    - - Common Mistake
        
        Both parties make a mistake as to a fact fundamental to the agreement
        
        Both parties were unaware that the subject matter of the contract had already perished at the time of the contract
      - Mutual Mistake
        
        The parties misunderstand each other and are at cross purposes
        
        A intends to offer his Proton Wira 1.3 Black in colour for sale. But B believes that the offer relates to the 1.5 Wira Green in colour also owned by A
        
        Raffles v Wichelhaus
      - Unilateral Mistake
        
        Only one of the parties is mistaken
        
        A agrees to buy from B sunflower painting, under mistaken belief that it was painted by Deco. Actually, the painting was painted by Roland. B knows about A's erroneous belief but B did not say anything. It is unilateral mistake made by A's only.
        
        Tamplin v James