Contract law mistake

How can a mistake be classified in contract law?
It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum).
It also considers the impact of each of these types of mistake on the contract and the correction of mistakes by rectification or construction..
A unilateral mistake might occur for various reasons, such as misunderstanding the meaning of a word or phrase, price, quality, or quantity.
Under these circumstances, a court may order that a contract is void or that it should be renegotiated so that both parties understand and agree to the true terms.
In contract law, a mistake usually refers to a situation where the parties did not mean the same thing when they agreed to a term or provision.

In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ab initio or voidable, or alternatively, an equitable remedy may be provided by the courts.

Examples

Mistake can be: • Mistake of law, or• Mistake of fact

Unilateral mistakes

A unilateral mistake is where only one party to a contract is mistaken about the terms or subject-matter contained in a contract. This kind of mistake …

Mutual mistake versus failure of mutual assent

A mutual mistake occurs when the parties to a contract are both mistaken about the same material fact within their contract. They are at cross pur…

Common mistake

A common mistake is where both parties hold the same mistaken belief of the facts. The House of Lords case of Bell …

Contract law mistake

How can a mistake be classified in contract law?

Examples

Unilateral mistakes

Mutual mistake versus failure of mutual assent

Common mistake

See also