Generally, mutual mistakes will often lead to the court allowing an avoidance of a contract; however, a unilateral mistake is not usually grounds to cancel a contract.

Question

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When both parties share the same incorrect belief that is not in accordance with the facts, the courts find mutual assent lacking. However, the courts are not as supportive of a single party making an error and will often hold that party to the contract.

Generally, Mutual Mistakes Will Often Lead to the Court Allowing