Question
Daffy and Donald believe that Daffy's dog is pregnant and make a contract for the sale of one of the puppies.However, it turns out that
Daffy and Donald believe that Daffy's dog is pregnant and make a contract for the sale of one of the puppies.However, it turns out that the dog is not in fact pregnant, has merely put on weight.The contract is void for:
Select one:
a.mutual mistake
b.unilateral mistake
c.common mistake
Tim orders paint for his house.When the paint arrives it is the wrong colourbut Tim has taken leave from work to painthis house, so he goes ahead and paints it anyway.When he is finished, he decides he does not like the colourand refuses to pay the supplier for the paint. Can Tim avoid the contract and not pay the supplier?
Select one:
a.No, Tim accepted the differentcolouredpaint and so has lost the right to terminate
b.Yes,the supplier is in breach of an express term of the contract
c.Yes, the supplier has behaved unconscionably
d.Yes,the supplier is in breach of an implied term as to description of goods
e.No, Tim has behaved unconscionably
Clear my choice
Jack entered into a contract with Jillto buy her painting of 271 Collins Street.They both thought the painting was by the famous artist Banksy, so the price paid was very high.In fact, it was later found that the painting was painted by an unknownbusiness student at BIB so Jack wanted to void the contract.Which statement best describes the legal position?
Select one:
a.The contract is voidfor common mistake as to the artist
b.The contract is void for unilateral mistake by each party
c.There is no mistake about the subject matter,only the value so the contract is enforceable
d.The contract is void for mutual mistake as the partieswere at cross purposes
e.There is mistake about the subject matterand the value so the contract is void
Clear my choice
Jim calls his travel agent Ann and pays herto book a cruise on the ship 'Peerless' sailing from Melbourne later that year.Ann books the cruise on the ship "Peerless" sailing in October.However, there is another ship "Peerless" sailing in December which was the one Jim meant.Which of the following best states the legal position?
Select one:
a.A reasonable observer must determine the correct ship
b.There is unilateral mistake on the part of each party and the contract is void
c.The contract is enforceable by either party
d.The contract is void for mutual mistake
e.The contract is voidable for common mistake
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