CHAPTER 5 – Vitiating Factors & Illegality
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):
– Area of law
– Name of case plus the test/rule or
– Name of Act of Parliament plus the section
– Apply the law to the new problem/facts
– Focus on the specific question you were asked in the problem question and give a direct answer.