Sec. 1. Of Mistake us precluding true Consent. Sec. 2. Of Mistake in the expression of Consent, and its Rectification.

In the previous part of this book the normal course of a contract for the sale of land has been traced from its formation down to its completion. We will now treat of the avoidance of the contract. This may take place either because the consent of a party thereto is in some way impeachable, as on the ground of mistake, fraud, misrepresentation, duress or undue influence; or because the contract is tainted with illegality; or because the parties or one of them are or is not of full capacity to buy or sell land (a). We will consider these grounds of avoiding the contract in the order in which they are named. And first, of Mistake.