Vitiating factors: Mistake
This lecture will consider:
• The different types of mistake and the ingredients of each category
• The difference between void and voidable contracts
• The case of Shogun Finance v Hudson in detail

Pre Lecture reading
Shogun Finance v Hudson [2003]

Post Lecture Reading
See reading for relevant tutorial

Tutorial 12: Vitiating factors: Misrepresentation
The essence of this tutorial is to identify the different types of misrepresentations both at common law and statute. It will also highlight when a misrepresentation is actionable.

Reading
J.Poole Textbook pages 502-547
J.Poole Casebook pages 571-620
Elliot and Quinn pages 183-208

Preparation for the tutorial

1. Define an actionable misrepresentation.
2. Find a case which demonstrates the standard for a false statement in misrepresentation.
3. Find two cases which demonstrate the standard for a statement of opinion.
4. What types of actions fall under the heading of silence or non-disclosure? Cite cases.
5. Find a case which demonstrates the standard for reliance.
6. What are the different types of misrepresentation?
7. What is the definition of fraudulent misrepresentation? In which case is it found?
8. What is the difference between a claim for negligent mis-statement under Hedley Byrne and negligent misrepresentation under the Misrepresentation Act 1967?
9. What remedies are available for a claim in misrepresentation?
10. How are damages assessed for misrepresentation?
Problem question
Sid runs a small specialist shop repairing and selling leather jackets. Hattie wants to buy a special present for her daughter Joan who is about to have her 21st birthday so she asks Sid for advice. Sid says that he has the perfect thing; a vintage 1950’s American biker jacket, expensive as it is made from buckskin and he tells her it is a very popular look with young people. Hattie is impressed, buys it for £500.00, and gives it to Joan. When Joan takes it to be cleaned, 3 months later, she finds out that although it is a vintage jacket it was made from much cheaper leather and only worth £175.00.

Advise Hattie.
Vitiating factors: Undue Influence

This lecture will consider:
• The different categories of undue influence
• The case of Royal Bank of Scotland v Etridge (no.2)

Pre Lecture reading
Royal Bank of Scotland v Etridge (no.2) [2001]
Lloyds Bank v Bundy [1974]

Post Lecture Reading
See reading for relevant tutorial
Tutorial 13: Vitiating factors: Vitiating factors: Mistake
This tutorial will identify the different types of mistake. You will also be able to analyse whether a contract of is void or voidable and distinguish between the two.

Reading
J.Poole Textbook pages 79-114
J.Poole Casebook pages 541-568
Elliot and Quinn pages 210-235

Preparation for the tutorial

1. What are the different categories of mistake?
2. What standard does the court apply to cases of mistake – objective or subjective?
3. Find two examples of where common mistake was held to have occurred?
4. What is res extincta?
5. What is mutual mistake?
6. What is the importance of Great Peace?
7. How does the law apply to mistake of identity?
8. Contrast the cases of Cundy v Lindsay and King’s Norton v Edridge Merrett.
9. Is Shogun Finance v Hudson a case on face to face transactions?
10. What is the principle in Gallie v Lee? And what other name is the case known by?
11. What is the difference between a void and voidable contract?

Problem question
A few weeks ago, Robbie Rotten entered Stephanie’s jewellery shop and announced himself to be “Ryan Giggs, the well-known football star”. Although she had only a vague idea of what Ryan Giggs looked like, she had heard of him and was delighted at the thought of a celebrity making a purchase in her shop. Robbie selected a number of items of jewellery and allowed him to pay for them with a cheque in the name of Ryan Giggs. Before doing this, she had asked for proof of identity and had been shown a drivers’ licence in Giggs’ name.
Immediately on leaving the shop with the jewellery, Robbie sold it to Alex who was a dealer in second hand jewellery. Alex had no reason to suspect that Robbie had acquired the jewellery improperly.

 
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