mutual mistake

For example, if a contract was affected by a common or mutual mistake.

According to the Governor, the 1975 agreement was based on a "mutual mistake" by his former partners.

A mutual mistake occurs when both parties of a contract are mistaken as to the terms.

The distinction between the 'common mistake' and the 'mutual mistake' is important.

This represents not a mutual mistake but a failure of mutual assent.

For a mutual mistake to be void, then the item the parties are mistaken about must be material (emphasis added).

Mutual mistake refers to a situation in which both parties are mistaken about each other's intention and are thus at cross-purposes.

This case illustrates the contract law rules of rescission of contract by mutual mistake.

However, a contract based on a mutual mistake in judgement does not cause the contract to be voidable by the party that is adversely affected.

Because both parties believed they were contracting for a sterile cow, there was a mutual mistake of fact, and therefore ground for rescission.

Another advantage that was noted was the mutual mistake correction, as the linguistic intake was higher than in big classes.

David Falk, Ewing's longtime agent, has come to call the deal "a mutual decision, and a mutual mistake."

Then maybe they could finally leave all the mutual mistakes, and mutual sins, and mutual regret behind, and start fresh.

Common law has identified three different types of mistake in contract: common mistake, mutual mistake, and unilateral mistake.

(Under the doctrine of "mutual mistake," a contract can be deemed invalid if both parties are laboring under a misapprehension that goes to its heart.)

Mutual assent or meeting of the minds is destroyed by such actions as fraud, undue influence, duress (see per minas), mutual mistake, or misrepresentation.

Mrs. Ozolin's claims for non est factum and for mutual mistake were unsuccessful, as she was negligent in signing a contract that she could not read.

As implemented by the Atomic Energy Commission's procurement regulations, the authority conferred encompasses amendments without consideration, correction of mutual mistakes, and formalization of informal commitments.

Conlon v Ozolins (1984) NZLR 489 is an important New Zealand case involving the legal issues of non est factum and mutual mistake.

Rose of Aberlone - the classic contracts case involving Hiram Walker & Sons, Rose the cow, and the principle of rescission based on mutual mistake.

Common mistake differs fundamentally from unilateral or mutual mistake in that it does not lead to dissensus but nonetheless results in a contract's being void on the basis of an incorrect underlying supposition.

He and the investors' lawyer had spent the entire morning trying to convince the jury that, because Jessie didn't actually have ALS, the viatical settlement should be invalidated on the basis of a "mutual mistake."

The case of Sherwood v. Walker-involving a supposedly barren heifer that was actually pregnant--first enunciated the concept of mutual mistake as a means of destroying the meeting of the minds in contract law.

"We felt we owned some of this problem," Ms. Kendall said, "but we don't feel that we should be penalized when everyone - the states, the companies and the Federal Government - contributed to this mutual mistake."

"The agreement was based on a mutual mistake and Judge Raggi can now resentence him to 47 months if she wishes," said Ronald P. Fischetti, who, along with Diarmuid White, represents Mr. Schwarz.