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Common Mistakes (Contd)

Please read textbook Chapter 10 on MISTAKES by Elliott & Quinn, 6th Edition, Contract Law.
Pay special attention to Common mistake; Fundamental mistake; Cross-purposes mistake; Unilateral mistakes; Non est factum and rectification.
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UNILATERAL MISTAKES OVER THE TERMS OF THE CONTRACT

Where one party is mistaken as to the terms of the contract and the other knows this, the contract will be void void, regardless of whether the terms is fundamental.
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UNILATERAL MISTAKES OVER THE TERMS OF THE CONTRACT (Contd)

Hartlog v Colin and Shields (1939)
The facts: The defendants had some animal skins for sale, which they intended to sell for a certain price per piece as was apparently the custom in the trade. By mistake, they offered them at the same price per pound instead of per piece, which at about three skins to the pound, obviously worked out much cheaper. The buyers accepted this offer. When they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. Decision: The court held that there was no contract, because the buyers were aware of the sellers mistake.
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