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Case Note : Ozolins V Conlon Essay

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Case Note: Ozolins v Conlon Word Count: 3719 Introduction Conlon v Ozolins is arguably one of the most controversial and most significant cases in New Zealand law when it comes to contractual mistake. With a majority judgment, it identifies an intention of the courts to do what is fair in certain circumstances. The outcome of the case is heavily criticised as being wrongly decided because of the ignorance of the objective theory of contract formation, disagreement in regards to the Contractual Mistakes Act 1977, ignorance of separation of powers, the interpretation of mutual mistake, the relief given, the application of estoppel, the effect of agency and the use of dissenting judgments. Although, there are plenty of controversial reasons for a wrongly decided case, I will then argue that the Court of Appeal rightly decided the outcome of the case. Facts Conlon v Ozolins involves an elderly widow, Mrs Ozolins, who contracted to sell four lots of property, but only intended to sell three lots. Mrs Ozolins had a valuation of her land, which was arranged by her solicitor. Mrs Ozolins and her solicitor spoke about which property she wanted to sell and she referred to Lots 1 - 3 as ‘the land at the back’. Her solicitor, who had never been to the property, failed to assume that Mrs Ozolins means Lots 1 - 3 and not Lots 1 - 4 because Lots 1 – 4 includes her home. When Mr Conlon showed an interest in the property she referred him to her solicitor who showed him the title for

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