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Operative Mistake, Common mistake, Unilateral mistake, Mutual mistake,…

- - - - 1/ where the mistake was due to the blindness, illiteracy, or senility of the person signing; or
        
        Thoroughgood’s Case (1584): old illiterate woman thinking of signing a document for arrears of rent but it was another thing.
      - 2/where the mistake was due to a trick or fraudulent misrepresentation as to the nature of the document, provided that person took all reasonable precautions before signing
- - - - ATTENTION: if the contract is voidable for misrepresentation and not mistake then s 23 of the Sale of Goods Act 1979 applies which means that the contract between the fraudster and the third party is valid and the title has validly passed and the cliamant most remain without remedy.
- - - - 1/‘to consider the underlying purpose of the prohibition which has been transgressed and whether that purpose will be enhanced by denial of the claim,
      - 2/to consider any other relevant public policy on which the denial of the claim may have an impact and
      - 3/to consider whether denial of the claim would be a proportionate response to the illegality, bearing in mind that punishment is a matter for the criminal courts’.