mutual mistakes

What Is A Common Mistake?

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What Is A Common Mistake? Common mistake (where the mistake is shared by both parties, is fundamental and directly affects the basic definition of what the parties are contracting for). The mistake will render the contract void if it robs it of all substance. Mutual mistake (where the parties are at cross-purposes with one another).

What Is The Appropriate Remedy When A Court Concludes That There Has Been A Mutual Mistake Of Material Fact?

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What Is The Appropriate Remedy When A Court Concludes That There Has Been A Mutual Mistake Of Material Fact? An innocent misrepresentation results, in essence, in a mutual mistake of fact. Therefore, the only remedy to an injured party is generally rescission of the contract. What remedy is available in the case of misrepresentation? Depending