error

Common Error

Both parties make the same mistake of fact, making the contract unenforceable if the mistake is important.

Dawson v Muir (1851)

A case where both parties mistakenly valued vats at £2 instead of £300; contract remained valid.

Mistake of Value

Both parties have a misunderstanding about the value of an item, and the contract may still be valid if no error of fact exists.

Mutual Error

Both parties misunderstand the terms of the contract; if it’s incidental, the contract is still valid.

Cloup v Alexander (1931)

A case involving the hire of a building with no specific act mentioned; contract was upheld.

Scriven v Hindley (1913)

A case where a bidder incorrectly believed a barrel contained hemp; the contract was void.

Identity Error

When identity is essential to a contract, making the agreement voidable if false identity is used.

Morrison v Robertson (1908)

Case where a fraudster bought cattle by pretending to be someone else; the contract was voidable.

Quality, Quantity, or Extent Error

Misunderstanding about the quality, quantity, or extent can lead to a void contract.

Patterson v Landsberg & Son (1905)

A case where jewels believed to be antiques were reproductions; the contract was void.

Nature of the Contract

A mistaken understanding of the document's nature can lead to contract reduction.

McLaurin v Stafford (1975)

Signed a disposition thinking it was a will; the contract was reduced.

Edgar v Edgar (1875)

Thought it was a loan agreement but signed a disposition; the contract was reduced.