Module 04 - Certainty and mistake
Topics
- Introduction - Certainty
- Summary of relevant principles
- Intention to contract
- Essential term missing
- Terms too vague
- Parties act consistently with a binding contract
- Subject to contract
- Agreement to agree
- Negotiation in Good Faith
- Categories of Mistake
- Unilateral mistake
- The role of estoppel
- The role of fault
- Mutual mistake
- Common Assumption
- No warranty that the state of affairs exists
- No fault on the part of a party
- Performance impossible
- Essential state of affairs or attribute of the consideration
- Mistakes in Equity
- Mistakes as to Identity
- Mistake as to identity or as to attributes?
- Mistake as to Identity
- Mistake as to Identity - Face-to face cases
- Mistake as to Identity - Written contract cases
- Non est factum
