Contract law II mistake and misrepresentation exam short answer questions and answers

CONTRACT LAW II

MISTAKE AND MISREPRESENTATION

ASSIGNEMENT 1.

QUESTIONS:

1. Clearly establish the current law on mistake as to quality. 10 marks

2. With the use of case law, explain what constitutes the different types of contractual

mistake and the appropriate remedies for each. 10 marks

3. With the use of case law, explain what constitutes contractual misrepresentation,

making sure to address the different types of misrepresentation and the appropriate

remedies for each. 10 marks

4. Is it correct to say that if a party remains silent, such silence can never ground

contractual misrepresentation? Answer this question with the use of case law. 10 marks

GRADE: 40/40

ANSWERS:

1. Clearly establish the current law on mistake as to quality. 10 marks

A mistake as to quality was defined in Bell v Lever Bros by Lord Atkin as ‘a quality which

makes the thing contracted for essentially different from the thing the parties believed it to be.’

Currently, mistake as to quality is explained in the landmark case of Great Peace Shipping Ltd v

Tsavliris Salvage (International) Ltd. This case concerned a sinking vessel which needed

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