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llegality Question 1 a) What is the difference between a unilateral and a common mistake? Why do courts rarely allow a mistake to affect the contract?...

CHAPTER 5 - Vitiating Factors & Illegality

Question 1

a) What is the difference between a unilateral and a common mistake? Why do courts rarely allow a mistake to affect the contract?

b) What is unconscionable conduct? Why was the bank guilty of unconscionable conduct in Amadio's case? Do you think it is a fair decision? 

Answer Guidelines (IRAC Methodology):

•Issue:

- Area of law

•Relevant Law:

- Name of case plus the test/rule or

- Name of Act of Parliament plus the section

•Application:

- Apply the law to the new problem/facts

• Conclusion:

- Focus on the specific question you were asked in the problem question and give a direct answer.

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