mutual mistake

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 embody such an agreement. RGS, Cardox Recovery, Inc. v. Dorchester Enhanced Recovery Co., Tex.App. 13 Dist., 700 S.W.2d 635, 639.
Mutual mistake with regard to contract, justifying reformation, exists where there has been a meetr ing of the minds of the parties and an agreement actually entered into but the agreement in its written form does not express what was really intended by the parties. Sierra Blanca Sales Co., Inc. v. Newco Industries, Inc., App., 84 N.M. 524, 505 P.2d 867, 873
+ mutual mistake
Mutual mistake is where the parties have a common intention, but it is induced by a common or mutual mistake. "Mutual" as used in the expression mutual mistake of fact expresses a thought of reciprocity and distinguishes it from a mistake which is a common mistake of both parties. There is something of the thought of a common mistake because it must affect both parties. Mistake of fact as ground for relief may be neither "mutual" nor common in the strict sense because it may be wholly the mistake of one of the parties, the other being wholly ignorant both of the fact upon the faith of which the other has mistakenly acted and that the other has acted upon such an understanding of the fact situation.
See also unilateral mistake

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • mutual mistake — see mistake Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. mutual mistake …   Law dictionary

  • 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 — 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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