When Mistakes Happen in Contracts: What are the Remedies?​

So far, we’ve explored different types of mistakes that can impact a contract’s validity. Now, let’s discuss the potential remedies available.​


  • Aims to undo the contract and restore both parties to their pre-contractual positions.​
  • Essentially, the contract is voided as if it never existed.​
  • This remedy is typically available in cases of:​
    • Mutual Mistake: Both parties share a misunderstanding.​
    • Unilateral Mistake: Only one party is mistaken, but the other party knew about the mistake and acted unfairly.​
  • Aims to correct a written agreement to reflect the parties’ actual agreement.​
  • Used when there’s a mistake in the written contract, like a typo or clerical error, that doesn’t reflect the true intention.​
  • Rectification essentially fixes the written agreement to match what the parties truly agreed to.​

  • Rescission is used to nullify the entire contract.​
  • Rectification is used to correct errors in the written agreement.​

The appropriate remedy depends on the specific mistake and the desired outcome. Consulting a lawyer is recommended to determine the best course of action for your situation.​

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