正在編輯用戶:Hinnia/Mistake （章節）

== Absence of Genuine Agreement ==
A mistake can prevent the ''formation'' of a contract if there is no true meeting of minds (''consensus ad idem'').

* Raffles v Wichelhaus (1864) 2 H & C 906
** Facts: Contract for cotton "ex Peerless from Bombay".
*** Two ships named Peerless.
*** Buyer meant October ship
*** Seller meant December ship.
**Issue: Was there a binding contract
** Held: No contract formed due to latent ambiguity
*** The parties were at cross-purposes.
*** An objective appraisal can reveal no agreement was reached.
** Reasoning: 
*** The agreement suffered from a latent ambiguity.
*** Words used were the same the parties attached them to different subject matters.
*** No true consensus ad idem (agreement to the same thing). 
*** Mutual mistake (both mistaken, but about different things) preventing formation.
* Scriven Bros. & Co. v Hindley & Co. [1913] 3 K.B. 564
** Facts: Auction of two lots (hemp and tow) with identical shipping marks.
*** Buyer bid for both, thinking they were both hemp.
*** Auctioneer’s fault created the confusion.
**Issue: Was a binding contract formed for the sale of tow?
** Held: No contract for the tow.
*** A party at fault in inducing or failing to notice the other's mistake
**** Cannot enforce the contract against the mistaken party.