mutual mistake

mutual mistake
mutual mistake see mistake

Merriam-Webster’s Dictionary of Law. . 1996.

mutual mistake
An error of both parties to a contract, whereby each operates under the identical misconception concerning a past or existing material fact.

Dictionary from West's Encyclopedia of American Law. 2005.


mutual mistake
An error of both parties to a contract, whereby each operates under the identical misconception concerning a past or existing material fact.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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Look at other dictionaries:

  • mutual mistake — noun (law) The situation arising when parties to a contract are at cross purposes as to its subject or terms • • • Main Entry: ↑mutual …   Useful english dictionary

  • mutual mistake — As justifying reformation of an instrument is one common to both or all parties, where each party labors under the same misconception respecting a material fact, the terms of the agreement, or the provision of a written instrument designed to… …   Black's law dictionary

  • mutual mistake — As justifying reformation of an instrument is one common to both or all parties, where each party labors under the same misconception respecting a material fact, the terms of the agreement, or the provision of a written instrument designed to… …   Black's law dictionary

  • mutual mistake — A mistake which is reciprocal and common to all of the parties to a transaction. 27 Am J2d Eq § 33. A mistake of fact common to both parties to a contract, by reason of which each party has done what neither intended. Buol Machine Co. v Buckens,… …   Ballentine's law dictionary

  • mutual mistake — See mistake …   Big dictionary of business and management

  • mistake — mis·take n 1: an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or relief by the court the court s power to revise a judgment because of fraud, mistake, or irregularity a… …   Law dictionary

  • Mistake in English law — is an English contract law doctrine which sets out the conditions on which a contract may become void. A mistake is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement. Common law …   Wikipedia

  • mutual — mu·tu·al / myü chə wəl/ adj 1: directed by each toward the other: reciprocal mutual orders of protection in domestic violence cases L. H. Schafran and Norman Wikler 2: shared in common …   Law dictionary

  • Mistake (contract law) — In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or… …   Wikipedia

  • mutual — Common to both parties. Interchangeable; reciprocal; each acting in return or correspondence to the other; given and received; spoken of an engagement or relation in which like duties and obligations are exchanged; e.g., the marital relation. As… …   Black's law dictionary

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