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9 Cards in this Set
- Front
- Back
Mistake |
an erroneous belief in contract law that certain facts are true. If questions are raised successfully the agreement can be found void or voidable |
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Types of Mistake
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- Common mistake
- Mutual mistake - Unilateral mistake |
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Common Mistake
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When both parties make the same mistake.
--does not affect a contract's validity, except for: >mistakes in law >mistakes as to the existence of the subject matter-- |
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Mutual Mistake
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both parties make a different mistake.
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Unilateral Mistake
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one party is mistaken and the other party knows/ is assumed to know.
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Equitable a remedies for Mistake
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- Rescission
- Rectification - Specific Performance |
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Rescission
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Setting aside agreements to restore parties to their pre-contractual positions
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Rectification
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Correcting a mistake to represent the true intentions of the parties
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Specific Performance*
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Refusal to grant specific performance against a party who made a mistake.
*Specific performance is an ordered performance of a contractual duty where damages would not be an adequate remedy |