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Ware v Johnson () 2 NZLR 518 is a cited case in New Zealand regarding where both parties entering into a contract make the same mistake (often referred to as a common mistake) when a contract is formed, under section 6(1)(a)(ii) of the Contractual Mistakes Act 1977. ==Background== Johnson, a builder by trade, dabbled part-time in converting lifestyle blocks into Kiwifruit orchards, and selling them. In 1979, he purchased a lifestyle block, planting 1605 kiwifruit vines, and sold the orchard for $365,000 the following year in 1980 to the Wares. At the time of the purchase, the vines seemed healthy, but the following year the vines growth appeared to be stunted. The Johnsons got several experts to investigate, and were advised that the problem was caused by the application of a weed spray called Krovar and were advised to rip out all the vines, remove 30 cm of topsoil, and replant the vines. When Mr Ware asked Mr Johnson if he has sprayed Krovar on the vines, he denied ever using it. However, during the trial, he admitted he had sprayed it about 10% of the orchard. A neighbor also testified at the trial that Johnson had told he that he had sprayed Krovar there as well. The Wares eventually sued the Johnsons for the loss. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Ware v Johnson」の詳細全文を読む スポンサード リンク
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