CENTRE FOR ADVANCED LEARNING

STUDENT NAME : F/SGT PHIRI AGGREY

STUDENT NUMBER: 29005494
PROGRAMME: LLB
M.O.D: DISTANCE LEARNING
COURSE: CONTRACT LAW II
LECTURER: LT COL J MILANZI
ASSIGNMENT: MIND MAP OF A MISTAKE
 MISTAKE

COMMON MISTAKE

MUTUAL MISTAKE

UNILATERAL MISTAKE
 COMMON MISTAKE
The same mistake is made by both parties
Res extincta is the mistake which concerns the existence of the subject matter at the
time the contract is formed ,Couturier v Hastie (1856) 5 HLC 673. The mistake is
‘operative’ and the contract is void.

Res sua ,The mistake is about who owns the subject matter at the time of
contracting. Cooper v Phibbs (1867) LR 2 HL 149. The mistake is ‘operative’ and
the contract is void.

Mistake as to quality . This mistake is merely as to the quality of the bargain

made ,Bell v Lever Bros (1932 )AC 161. the mistake is not ‘operative’ , the contract
continues unless it is fundamental to the contract.
MUTUAL MISTAKE: Both parties make a mistake but not the same
one , they are not cross –purposes.

If performance is impossible then the

contract is void .Raffles v Wichelhaus (1864)
159 ER 375 .

If the court can find a common intent then the contract

may continue Smith v Huges (1871) LR 6 QB 597 .
UNILATERAL MISTAKE :This where Only one party is mistaken , the
other party knows and takes advantage of the first party’s mistake:
Mistakes as to terms(i) Only one party is mistaken over a
material detail, (ii)other party knew of mistake, (iii)
mistaken party not at fault ,Hartog v Colin & Shields(1939)
3 All ER 566 . If all three mistake is ‘operative’ and
contract void, if not then maybe voidable in equity.

Mistaken identity, not face to face . (i) mistaken party

intended to contract with someone else , (ii) mistake
material to contract, (iii) mistake known to other party.
Cundy v Lindsay ( 1878)App Cas. if all three then mistake is
‘operative’ and contract void, if not then maybe voidable in
equity.

Mistaken face to face Party contracts in person with someone who claims to be
someone else. Lewis v Avery [1972]1 QB 198. Not an operative mistake, mistaken
party deemed to be contracting with person in front of him.