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What Role Does Mutual Mistake Play in Defending Against Breach of Contract Allegations?

Mutual mistake can be a strong defense if someone is accused of breaking a contract. Let’s break it down:

  1. What it Means: Both sides involved in the contract misunderstood an important fact when they agreed to it.

  2. How It Affects the Contract: Because of this misunderstanding, the contract can be considered invalid or "voidable." This means it can be canceled.

  3. What You Need to Prove: To use this defense, you usually have to show that:

    • Both parties made the same mistake about the fact.
    • This mistake is really important to the contract itself.

If you can prove all of this, it can be a very effective way to defend yourself!

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What Role Does Mutual Mistake Play in Defending Against Breach of Contract Allegations?

Mutual mistake can be a strong defense if someone is accused of breaking a contract. Let’s break it down:

  1. What it Means: Both sides involved in the contract misunderstood an important fact when they agreed to it.

  2. How It Affects the Contract: Because of this misunderstanding, the contract can be considered invalid or "voidable." This means it can be canceled.

  3. What You Need to Prove: To use this defense, you usually have to show that:

    • Both parties made the same mistake about the fact.
    • This mistake is really important to the contract itself.

If you can prove all of this, it can be a very effective way to defend yourself!

Related articles