• In the case of Hartog v Colin & Shields [1939] 2 All ER 566 it was found that a contract is void if there is a unilateral mistake as to a term of the contract and the other party knows or ought to have known of the mistake.

Facts of the Case

  • This case concerned a written contract to sell hare skins
  • The contract stated the price would be calculated by weight and not by number of skins
  • This was an error on the seller’s part as it should have stated the price would be calculated by number as per trade customs and prior oral agreement.
  • This had the effect of making the price payable by the buyer much lower than normal
  • The seller realised the mistake and therefore failed to deliver the skins
  • The buyer sued for damages in relation to breach of contract

Issues in Hartog v Colin & Shields [1939] 2 All ER 566

  • Could the buyer take advantage of a mistake in which he knew to be at the seller’s detriment?

Held by Hight Court

  • Buyer would have realised that this was a mistake in the part of the seller and was not allowed to take advantage of it
  • Contract void

Singleton J

  • It was unreasonable for the buyer to have thought that the offer contained the buyer’s real intentions

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