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Mistake 1
Mistake
Where one or both parties to a contract
are mistaken as to some terms or aspect
of the contract, they can’t be said to have
consented to it, although an agreement
had been reached.
Held : The HL held that the buyer need not pay for the
corn as it ceased to exist.
Existence of subject matter - res extincta
S 6 of the Sale of Goods Act 1979