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Essay

Uni Lateral Mistake

Essay specific features

 

Issue:

Miscellaneous

 

Written by:

Jay S

 

Date added:

February 16, 2012

 

Level:

University

 

Grade:

A

 

No of pages / words:

3 / 822

 

Was viewed:

2493 times

 

Rating of current essay:

 
Essay content:

The word “mistake” refers to an erroneous belief. A Party’s erroneous belief relates solely to the facts as they existed in the time the contract was executed. An erroneous belief as to the contents or effect of a writing that expresses the agreement is a mistake. In this particular situation, Mwangi, a farmer comes to a pharmacist asking for a drug that could eradicate the worms that destroyed his vegetables...
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In return, the pharmacist closely looks at the worms that the farmer brought to the pharmacy and in turn gives the farmer the drug that will destroy the worms. Mwangi applies the drug, BUT, instead of the worms dying, they multiplied creating more deaths of the vegetables. This is a case of a Unilateral mistake where a mistake of one party at the time a contract was made as to a basic assumption on which he made the contract, has a material effect on the agreed exchange of performance that is adverse to him then the contract is voidable by him if he does not bear the mistake...
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