Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

Exercise 7

A month before they were divorced, Margaret Janusz and Francis Gilliam entered into a property settlement agreement. The agreement provided that Gilliam would continue funding and maintain in effect his survivor's annuity through the federal Civil Service Retirement System. The annuity would pay a monthly amount to Janusz after Gilliam's death. Several years after the divorce, the federal Office of Personnel Management told Janusz that pursuant to federal law, she was not eligible for Gilliam's survivor benefits. Janusz sued to rescind the settlement agreement on the basis of mutual mistake of fact. Was the agreement rescinded?