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Australia Leading Case mistakeunconscionability

Taylor v Johnson

(1983) 151 CLR 422
JurisdictionAustralia
CourtHigh Court of Australia
Year1983
StatusBinding authority

Summary

A unilateral mistake renders a contract voidable in equity where the other party knew of the mistake and unconscionably took advantage of it.

Key Principle

The HCA held that a unilateral mistake may render a contract voidable in equity where the other party knew of the mistake and took unconscionable advantage of it.

Area of Law

contract

Related Cases

Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560

On termination of a building contract, a builder may recover reasonable value of work done in restitution, subject to the contract price as a ceiling where work was performed under a valid contract.

Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525

Bank late payment fees are not penalties where they represent a genuine pre-estimate of loss or protect a legitimate interest of the stipulating party.

Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.

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