Misrepresentation and Mistake in Singapore Contract Law

Abstract

Abstract This chapter sets out the law in Singapore relating to the vitiation of contracts on the grounds of misrepresentation and mistake. First, this chapter identifies the legal requirements and doctrinal bases of an operative pre-contractual misrepresentation which, when established, means that the contract is ‘voidable’ or susceptible to rescission or being set aside. It also emphasizes the close connection between misrepresentation and mistake, in that an operative misrepresentation is simply a mistaken belief induced by a mis-statement. Secondly, this chapter sets out the elements and doctrinal bases of different categories of mistakes, as well as the effect of these different types of mistakes on the validity of contracts. These include common fundamental mistake, non est factum, unilateral mistake as to terms, mistake as to identity and common mistake as to terms. Some mistakes may render a contract void, voidable, or susceptible to rectification. Thirdly, apart from examining the vitiating effect of mistakes and misrepresentations on the validity of contracts, this chapter also considers whether they may lead to monetary awards.