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Mistake

15 January, 2016 - 09:32

LEARNING OBJECTIVES

  1. Recognize under what circumstances a person may be relieved of a unilateral mistake.
  2. Recognize when a mutual mistake will be grounds for relief, and the types of mutual mistakes.

In discussing fraud, we have considered the ways in which trickery by the other party makes a contract void or voidable. We now examine the ways in which the parties might “trick” themselves by making assumptions that lead them mistakenly to believe that they have agreed to something they have not. A mistake is “a belief about a fact that is not in accord with the truth.” 1