Q1.) The objective standard of agreement makes it impossible for a defendant to plead mistake as an excuse for non-performance.
While dealing with contract law or under this law, mistakes are considered to be erroneous beliefs, when contracting, some common and certain beliefs and facts are true. Mistakes are usually used as grounds to invalidate some agreement but it’s only effective in some cases (Biers, 2006).
Q2.) Taylor v Caldwell has introduced enormous confusion into the understanding of the nature of contractual liability.
The United State Contract Law, coats requirements which are established by agreement (implied or expressed) or promise among private principals. As a result of increase of widespread implementation of the code of uniform commercial, contract law has become highly standardized nationwide in transaction involving the sale of goods.
Unilateral mistake was mostly due to Taylor’s part of binding in a contract that had no warranty, although neither he nor Caldwell foresaw the need for one so it wasn’t Caldwell fault for the inferno. Common mistake was induced by both parties in assuming all will be well with the hall coming to the day of use by the latter Taylor. They both held on facts and subjected the hall to warranty the safety of the transaction and none had anticipated the shortcoming of an inferno. Contract is therefore throughout the world common as a form of economics ordering and can only be differentiated by the jurisdiction application rules in the civil laws, this is assumed to have come from historical accounts of the Roman law principles but is advocated by all kind of law from Islamic law, socialist law, legal system and customary or local laws.
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