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Mistake, Discharge of a contract - Coggle Diagram

- - - - A contract around the sale of corn. The corn had been sold en route and began to ferment. Held that the contract was for the sale of the existing goods in their current form. The contract was then void, not liable for the buyer to purchase.
  - - - £30,000 was paid in compensation in order to terminate his service contract with the company. There was then common mistake as to the quality since both parties thought that the contract could only be terminated with compensation. None was required. Agreement was void.
- - - - Age is only a secondary characteristic and does not effect the agreement. No objective evidence to show the parties had formed an agreement to specifically purchase 'old' oats.
- - - - Negotiations at a distance
        
        Cundy v Lindsay
        
        Fraudster purchased some handkerchiefs, which Lindsay thought they were contracting with a business instead of an individual. Contract was void, no agreement.
      - Face to face negotiations
        
        Phillips v Brooks Ltd
        
        A man who falsely identified himself (Sir) wrote a check for £3,000 to pay for jewels, gave an address which matched the false name. Not Void as the presumption that the parties intend to deal with the person Infront of them.
  - - - Contract regarding the sale of hare skins, priced on an individual basis. D mistakenly wrote the offer based on the weight rather than the price per piece (was 1/3 of correct price). Was void because of mistake, D took advantage.
  - - - Finance was signed at a distance, void as they were dealing with a fake Mr Patel. Documents were exchanged through the post after doing credit checks. Fraudster then sold the car to Hudson.
- - - - the innocent may have a legitimate interest in the contract being performed rather than accepting an anticipatory breach
    - - Terminate the contract - but only if a breach of a condition
      - Common law remedy (damages)
      - Repudiation - refusal to perform a duty of obligation owed to the other party
      - Equitable remedies (rescission, specific performance, injunction)
- - - - A licensing agreement for the use of business premises, but included a 'no oral variation'.
  - - - Husband separated with his wife, entering into a contract to pay her a certain amount each month. Bot then agreed to discharge it in order to enter into a new one.
- - - - Taylor v Caldwell
        
        Venue burned down, which the claimant sued for breach of contract, a fire made the performance impossible. The venue was vital to the performance of the contract.
    - - Denny v James
        
        The sale of Timber was made illegal in 1939
    - - Dave contractors v District Council
        
        It cannot be frustrated just because it became more expensive to complete
    - - Condor v Barron Knights
        
        Was impossible for the drummer to perform in accordance with the contractual obligation - meant that no wrongful dismissal occurred.