Unilateral Mistake in Contracts: When One Side Gets It Wrong
Our series has covered common and mutual mistakes. Now, let’s tackle unilateral mistakes, where only one party is mistaken about a key aspect of the agreement.
Here’s what to know about unilateral mistakes:
- Limited Scope: Mistakes typically involve contract terms or party identity, not facts assumed by both sides.
- One-Sided Misunderstanding: Only one party has the mistaken belief, while the other party is aware.
- Exploiting the Error: A crucial element is the aware party taking advantage of the mistake for their gain.
- Subject Matter Quality Not Covered: Generally, mistakes about the quality or features of what’s being exchanged aren’t covered.
Unilateral mistakes are complex. The legal outcome depends on your location and the specifics of the case.
Considering the complexities, consulting a lawyer is recommended if you suspect a unilateral mistake in your contract. They can assess your situation and advise on the potential consequences.
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