Mutual and Unilateral Mistake in ContractDate: 12/7/2016 9:13:37 AM.
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All businesses inherently deal with contracts, even if they are unwritten, as with many transactions involving goods or services. Since a contract is a legally binding agreement, and even an honest contractual mistake can cause serious problems, it is crucial that small business owners have at least a basic understanding of contract law.
Given the difficulty in reforming written contracts, it is vital to ensure that important contracts are mistake-free. Most drafting errors can be avoided by following these three tips: First, be cautious when creating a new contract from an old template. Sometimes stock language conflicts with a term agreed to by the parties.
Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law.
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Contracts. Christopher C. Langdell, 1871. The 1871 publication of A Selection of Cases on the Law of Contracts by Christopher Columbus Langdell revolutionized legal education. The book, which consisted of a collection of mostly English judicial opinions, was meant to assist the professor in developing within the student a scientific approach to the law.
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A mutual mistake is a common misunderstanding between the parties entering into a contract as to the intentions of the other party or a material fact in relation to the contract. A mutual mistake will render the contract voidable: if the mistake goes to the heart of the heart of the contract, the contract is void.