Mistake notes.docx - Contracting face to face presumption that you are dealing with the person physically present Ingram v Little(exception Secretly

Mistake notes.docx - Contracting face to face presumption...

This preview shows page 1 - 2 out of 4 pages.

Contracting face to face: presumption that you are dealing with the person physically present Ingram v Little (exception) Secretly checked and hesitated but not a material difference Looking at unilateral mistake as to identity doctrine of mistake is very narrow law draw a distinction b/w face to face and correspondence Difficult to reconcile the above case law Difficult to set aside the contract when you are dealing face to face Shogun Finance v Hudson (2004) Hire purchase contract for a car, the rogue used the identity of Mr Patel by producing a driving license. Finance company made a credit search. Rogue then on sold the car to a third party. Rogue disappeared. Finance wanted to sue the Third party. Two innocent parties finance and TP Claimant: contract was void for mistake Majority: Affirmed distinction b/w face-to-face and in writing Apply Cundy v Lindsay : the contract was made in writing identify the contracting parties Contract made in writing Finance company only intended to contract with Mr Patel, but not the rogue Operative mistake as to identity No need for the court to decide on face-to-face, but in dictum, considered Ingram v Little, some judges said it was right while some said it was wrong Policy considerations?
Image of page 1

Subscribe to view the full document.

Image of page 2
  • Spring '14

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes