In contract law, a mix-up is an incorrect conviction, at contracting, that specific facts are valid. It can be argued as a defense, and if raised effectively can lead to the agreement in question being discovered voidable. Common law has distinguished three types of mistake in contract: the 'unilateral mistake ', the 'mutual mistake ' and the 'common mistake '. The distinction between the 'common mistake ' and the 'mutual mistake ' is vital. In an agreement setting, a mistake is an error in the meaning of words, laws, or facts which causes one or both parties to enter into the contract without fully understanding the outcomes or obligations suggested by the agreement.
II. Inducement. The misrepresentation must have induced the representee to enter into the contract therefore there must be casual connection between the making of misrepresentation and the conclusion of the contract, but no assistance will be granted if the representee knew that the statement was false and failed to
It can be arguably said that the loss of confidence on the administration of justice. The courts have decided on the ends without looking at the means of the ends. Lord Templeman stated in Reid that propitiatory rights applies when if it is a bribe but not secret benefits is undesirable as it goes to blameworthiness or moral culpability which does not promote principal reasoning or justification for the use of
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The other party to the contract knew of the intoxication. Alcohol or drugs cannot be provided to a party to a contract to entice or persuade them to enter into a contractual agreement. It should be noted that even if the intoxicated person is able to void the contract, once sober, the contract can be re-entered by the parties. Let's see what happens when a seemingly friendly night of drinking turns to a dispute over contractual
In the Norjal case the Court of Appeal held that there was an absence of misconduct because no agreement was made with only one party to pay fees to its appointed arbitrator or to the third arbitrator. The arbitrators’ behavior was deemed to be proper on the account that they had simply requested the proposal of fees, and even if they had found the proposal of one party satisfactory, before concluding the arrangement they had asked to be assured that the other party had no objections to the making of the payment by the other party. So, the arbitrators proposal was not improper and did not amount to misconduct. Therefore, they were not removed. By contrast, in Sea container the arbitrators’ conduct was regarded as misconduct.
The requirements for an actionable misrepresentation are that; the misrepresentation must be a statement of existing fact or past events, and not a statement of opinion; it must induce a person to enter into the contract; it must be material in that it relates to a matter which would influence a reasonable person’s decision whether to enter into the contract. (Misrepresentation Act, Cap 390) There are three types of misrepresentation: The first is innocent misrepresentation - when the representor had reasonable grounds for believing that his or her false statement was true. The second is negligent misrepresentation - a representation made carelessly or without reasonable grounds for believing its truth. The third is fraudulent misrepresentation - where a false representation has been made knowingly, or without belief in its truth, or recklessly as to its truth. The affect of a finding of misrepresentation, regardless of whether it is innocent, negligent or fraudulent, is that the contract is voidable, and the innocent party may rescind the contract, which generally means terminating the contract and returning the parties to the position they were before the
Condition and warranties are very different in contract. Condition is a term of the contract which is a necessary issue, in the sense that any breach will allow the other party to abrogation. Warranties is less important terms which are secondary to the main purpose of the contract (Topic 2: Contract Law, p37-38 ). The difference between these is of fundamental importance in assessing whether a failure to perform them represents a breach of contract. The innocent party’s rights in response to a breach of a term depend on how serious or fundamental the actual breach is.
A substitution clause allows an employee to delegate his work if he is unable to do it. This often removes the element of personal service, and consequently contradicts a contract of service. This will often leave workers to be self-employed and employers can mitigate legal liabilities. The courts in Ready Mix applied a pragmatic and contractual approach, weighing up all the factors in the contract against a contract of service. MacKenna J identified three essential conditions to question if the terms were consistent to a contract of service.
The consideration given does not have to be fair. Bargain by one party to the contract in terms of the quantity of compensation is not subjected to legal court intervention unless there exists fraud or unacceptable conducts. Consideration, therefore, acts as the value of a contract. It brings the difference between a mere gift and a contract as the former is a voluntary act, and its breaching is not enforceable in the law courts. The only exception to the consideration rule is for the goods of a seal.