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Dierent types of mistakes may arise in agreeing to a

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Unformatted text preview: act is formed but it is later discovered that one or both of the par0es were mistaken about something involved in the transac0on or its very nature? Different types of ‘Mistakes’ may arise in agreeing to a contract •  •  •  •  Common Mistake (both par=es mistaken about same thing) Unilateral Mistake (only one party mistaken) Mutual Mistake (misunderstanding) Non est Factum (‘Not My Deed’) 6 Common Mistake There is agreement but both par=es make the same mistake as to iden=ty or existence of subject ma\er. The mistake must go to the existence or iden=ty of the subject ma\er (Pritchard v. Merchant’s and Tradesman’s Mutual Life Assurance Society (1858) – Unknown dead policy holder) and not accidental quali=es or a\ributes see also Leaf v. InternaBonal Galleries [1950...
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