Question
What is the effect of a mistake as to the existence of the subject matter? Which of the following is correct? Where a contract is
What is the effect of a mistake as to the existence of the subject matter? Which of the following is correct?
Where a contract is made for something yet to come into existence, then until the subject matter actually comes into being, there is no contract between the parties
Mistake as to the existence of the subject matter does not change an agreement, each party takes the risk that the goods may or may not be in existence, all obligations stay intact
Where there is a mistake as to existence of the subject matter, the goods no longer exist, then the agreement is ended since an agreement assumes that the contract can be fulfilled
If the goods were in existence at the time of making the contract, the contract remains enforceable, irrespective of whether the goods disappear, alternatively if the goods were never in existence then the contract is not enforceable
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started