Doctrine of Mistake

/ˈdɒktrɪn əv mɪˈsteɪk/

Definitions

  1. (n.) A principle in contract law that allows a contract to be void or voidable if both parties entered into it under a fundamental error about a fact or law relevant to the agreement.
    The contract was rescinded under the doctrine of mistake because both parties misunderstood the contract’s subject matter.
  2. (n.) A defense in equity preventing enforcement of agreements made under a significant unilateral mistake known or assumed by the other party.
    The plaintiff invoked the doctrine of mistake to avoid liability due to a one-sided error induced by the defendant.

Commentary

The doctrine distinguishes between mutual and unilateral mistakes with different remedies; clarity in drafting can prevent disputes based on mistake.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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