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.
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