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Examine the different circumstances in which the doctrine of 'mistake' may arise in making a contract and explain the effect in each case.
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2. Examine the different circumstances in which the doctrine of 'mistake' may arise in making a contract and explain the effect in each case. An operative mistake means a mistake which operates so as to avoid a contract; this is the only mistake which could be recognised by law. There are four types of operative mistake. First of all is the Mistake Relating to Documents, in another word is the documents that has been mistakenly signed. In general, if a person has signed a document or a contract, whether this person has read and understood all its terms, he is bound by it; L'Estrange v. Graucob1. If a person has been induced to sign the contract by fraud or misrepresentation, the transaction will be voidable. In this kind of situation, the person may be able to use Non Est Factum2 as a defence. This was originally used to protect those...
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