What is the difference between a unilateral and a common mistake? Why do courts rarely allow a mistake to affect the contract?

CHAPTER 5 – Vitiating Factors & Illegality

Question 1

a) What is the difference between a unilateral and a common mistake? Why do courts rarely allow a mistake to affect the contract?

b) What is unconscionable conduct? Why was the bank guilty of unconscionable conduct in Amadio’s case? Do you think it is a fair decision?

Answer Guidelines (IRAC Methodology):

•Issue:

– Area of law

•Relevant Law:

– Name of case plus the test/rule or

– Name of Act of Parliament plus the section

•Application:

– Apply the law to the new problem/facts

• Conclusion:

– Focus on the specific question you were asked in the problem question and give a direct answer.