Uni Lateral Mistake

Case of a Unilateral mistake

In such a situation, there is no contract available between the farmer and the pharmacist. In this case there is breach of a condition held where one party has done a mistake in performing the condition he was told to do at that particular time.

A Mistake in this context is a “belief that is not in accord with the facts”. The word “mistake” refers to an erroneous belief. A Party’s erroneous belief relates solely to the facts as they existed in the time the contract was executed. An erroneous belief as to the contents or effect of a writing that expresses the agreement is a mistake.

In this particular situation, Mwangi, a farmer comes to a pharmacist asking for a drug that could eradicate the worms that destroyed his vegetables. In return, the pharmacist closely looks at the worms that the farmer brought to the pharmacy and in turn gives the farmer the drug that will destroy the worms. Mwangi applies the drug, BUT, instead of the worms dying, they multiplied creating more deaths of the vegetables. This is a case of a Unilateral mistake where a mistake of one party at the time a contract was made as to a basic assumption on which he made the contract, has a material effect on the agreed exchange of performance that is adverse to him then the contract is voidable by him if he does not bear the mistake.

Here, the pharmacist has done a mistake by providing the farmer with the wrong prescription of a drug that killed more vegetables. The mistake is solely held by the pharmacist although he is more experienced /expert at his option. Here, the weaker party is the farmer, where for him, the contract is voidable out of a deceived action at his option and therefore can sue for damages/cancel the contract/tort for deceit.

There are certain remedies that the farmer should seek from the court, and these are:

1) Damages

In such a situation, the farmer can sue for the damages caused by the pharmacist due to the breach of a condition held. The farmer should seek compensation for all the damages caused. These damages will include the total amount of value of all the plants or vegetables destroyed plus the amount of money he paid to buy the drugs.

2) Deceit вЂ" Deceit is a tort. In this case, since it’s the sellers fault regarding the prescription of the wrong drug, the person who is the farmer has the right to sue for the damages or cancel the contract.

3) Rescission вЂ" If such a breach of a condition occurs, then the Plaintiff (who is the farmer) can take the matter to the court to reject or cancel the contract (set aside a contract). In this case, rescission will bring both the parties (Pharmacist and the Farmer) to the place back where they were before when the performance was held. It’s an equitable remedy and it’s discretionary.