Question: Below is a Problem Question on Mistake Key Cases for this Tutorial Couturier v Hastie (1856) 5 HL Cas 673 McRae v Commonwealth Disposals Comm

Below is a Problem Question on Mistake

Below is a Problem Question on Mistake Key Cases for this TutorialCouturier v Hastie (1856) 5 HL Cas 673 McRae v Commonwealth DisposalsComm (1951) 84 CLR 377 Bell v Lever Bros [1932] AC 161

Key Cases for this Tutorial Couturier v Hastie (1856) 5 HL Cas 673 McRae v Commonwealth Disposals Comm (1951) 84 CLR 377 Bell v Lever Bros [1932] AC 161 Oscar Chess v Williams [1957] 1 WLR 370 Associated Japanese Bank v Credit du Nord [1989] 1 WLR 255 Great Peace Shipping Ltd v Tsavliris [2002] EWCA Civ 1407 King's Norton Metal Co. Ltd. v. Edridge, Merrett & Co. (1897) 14 TLR 98 Cundy v. Lindsay (1878) 3 App Cas 459 Philips v. Brooks Ltd. [1919] 2 KB 243 Ingram v. Little [1961] 1 QB 31 Lewis v. Avery [1972] 1 QB 198 Shogun Finance Ltd v Hudson [2004] 1 AC 919Part A: Problem Question Please read the scenario below and write a brief summary explaining which legal principles are applicable to which facts. You need to refer to cases by name. Quinn Ltd. operate a vehicle recovery service from Liverpool for vehicles that have broken down. On 1 Febmary, they are contacted by the National Road Authority and are asked to tow away a truck which has got stuck in a ditch in what the NRA believe is the nearby suburb of Beston which is 12 miles away. In actual fact, the National Road Authority received faulty information from the company that own the truck. The truck is actually stranded in the town of Weston, which in fact is on the south -east coast of England and is 234 miles away. Quinn Ltd. realise there is no such place as Beston and gure out that the stricken truck is actually in Weston, so dispatch a rescue vehicle there. A few hours later, the National Road Authority realise they were given faulty infom'iation. They then nd a closer breakdown services company and terminate the contract with Quinn Limited. Quinn Limited have spent money on wages for a driver, on petrol and have missed out on other business as a result of the Authorityfs communication on 1 February by travelling to Weston. Quinn Ltd want to bring an action for breach of contract. The National Road Authority argue it was a common mistake as to the location of the stricken truck and that this invalidated the contract. Advise Quinn Ltd. on whether there is operative mistake in this case Part B: Unilateral Mistake Questions Please answer the following questions using your reading of the cases, journal article and textbook to inform your answers. 1. Define Unilateral Mistake 2. Explain the distinction between contracts made inter absenies and contracts made inter praesentes. Use relevant case law to support y0ur answer 3. Lord Denning in Lewis v. Avery [19?2] 1 GB 198 said the concepts of identity and attributes in the law of mistake was a \"distinction without a difference.\" Do you agree? When answering, discuss what Lord Denning said in Lewis vAvery and his thoughts on ingram vLiffie 4. What was the majority decision in Shogun Finance? Which judges in Shogun Finance dissented and what was their dissenting view? Which of these views do you nd most compelling and why

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