Question
Quinn Ltd. operate a vehicle recovery service from liverpool for vehicles that have broken down. On 1 February, they are contacted by the National Road
Quinn Ltd. operate a vehicle recovery service from liverpool for vehicles that have broken down. On 1 February, they are contacted by the National Road Authority and are asked to tow away a truck which has got stuck in a ditch in what the NRA believe is the nearby suburb of Beston which is 12 miles away. In actual fact, the National Road Authority received faulty information from the company that own the truck. The truck is actually stranded in the town of Weston, which in fact is on the south-east coast of England and is 234 miles away. Quinn Ltd. realise there is no such place as Beston and figure out that the stricken truck is actually in Weston, so dispatch a rescue vehicle there. A few hours later, the National Road Authority realise they were given faulty information. They then find a closer breakdown services company and terminate the contract with Quinn Limited. Quinn Limited have spent money on wages for a driver, on petrol and have missed out on other business as a result of the Authority's communication on 1 February by travelling to Weston. Quinn Ltd want to bring an action for breach of contract. The National Road Authority argue it was a common mistake as to the location of the stricken truck and that this invalidated the contract.
Advise Quinn Ltd. on whether there is operative mistake in this case.
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