ABSTRACT

If a person enters into a contract under the influence of a mistake of fact, the contract may either be void or capable of being made void. But there are mistakes which may have no effect on the validity of a contract, eg a mistake as to quality by a purchaser of an object; or a mistake of a person who enters into the contract relating to his own personal motives for doing so. But mistakes about fundamentals may give rise to rights on the part of the mistaken party. Some mistakes are of course made because the other prospective party to the contract misrepresented the position, in which case the rules as to misrepresentation will apply as well: these rules are generally kinder to the mistaken party.