Accg614 - week3

It was purchased because of the painngs quality rather

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Unformatted text preview: ] – pain=ng by famous painter called ‘Constable’ purchased. When it was discovered that the pain=ng was not by that famous painter, the owner wanted to sue the gallery for misrepresenta=on. The court considered if the en=re contract was void because of common mistake. The Court determined it was irrelevant to the original purchase who painted it. It was purchased because of the pain=ngs quality rather than because of who painted it – therefore no common mistake). Lesson: Mistake must be in rela=on to something central to the contract 7 Common Mistake McRae v. Commonwealth Disposals Commission (1951) – Government asked for tenders in rela=on to a tanker it claimed was at the bo\om of the ocean on a reef. McRae paid for the rights to find the ship. The ship was not there and McRae sued the government. The government claimed ‘Common Mistake’ in defence – the...
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