Question 1 OR (a) part ii
Unilateral mistake
4 marks
- Time to write
- About 8 minutes
- Notes
- Crux notes
Question
Question 1 OR (a) part ii · 4 marks(OR)
- Comment critically on each of the following:
- A unilateral mistake does not affect a contract.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- (a)–(ii)2 items, each marked on its own: give each its share.
- criticallyBoth sides: the strengths, the limits, then your own view.
What the paper leaves open
Marked as one question of 12 marks; answered here in 3 parts of 4 marks each (marks inferred).
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Section 22: the general rule 2 marks 3 min
- 2 Fundamental mistake: no consent 2 marks 3 min
- Check: every ask answered, key terms underlined 1 min
Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.
Try it first. About 8 minutes for 4 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(ii) Comment. As a rule the statement is correct. “A contract is not voidable merely because it was caused by one of the parties” being under a mistake as to a matter of fact (s. 22). But where one party's mistake is so fundamental that there is no consent at all, as to the nature of the transaction or the identity of the person dealt with, the parties have not agreed upon the same thing in the same sense and no contract arises.
Where the 4 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Section 22: the general rule | 2 |
| 2 | Fundamental mistake: no consent | 2 |
| Total | 4 |
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