An Agreement Due to Mistake May Be Because of
When it comes to legal agreements, mistakes can happen. Whether it`s a typographical error or a miscommunication between parties, mistakes can lead to confusion and potential conflict. One potential outcome of a mistake in a legal agreement is the agreement being deemed void or unenforceable.
However, there is another option in the case of a mistake in an agreement: the agreement may be able to be revised or corrected. This is known as an “agreement due to mistake.” An agreement due to mistake arises when the parties to an agreement intended to include or exclude a particular provision, but due to an error, the provision was not properly included or excluded.
There are two types of mistakes that can lead to an agreement due to mistake: unilateral mistake and mutual mistake. A unilateral mistake occurs when one party to the agreement makes an error, while the other party is unaware of the mistake. In contrast, a mutual mistake occurs when both parties to the agreement make the same error.
In order to revise or correct an agreement due to mistake, the parties must typically bring a legal action seeking reformation of the agreement. The court will review the facts of the case and determine whether the mistake was mutual or unilateral. If the mistake was mutual, the court may revise the agreement to reflect the parties` true intention. If the mistake was unilateral, the court may only revise the agreement if the other party knew or should have known about the mistake.
It`s important to note that not all mistakes in an agreement will lead to an agreement due to mistake. For example, a mistake that is immaterial or inconsequential may not be sufficient grounds for revising the agreement. Additionally, if the mistake is due to negligence on the part of one party, that party may not be able to seek reformation of the agreement.
Overall, an agreement due to mistake is a potential option for parties to a legal agreement if a mistake has been made. It`s important for the parties to act quickly and seek legal advice to determine whether this option is available and what the potential outcomes may be. Additionally, taking steps to avoid mistakes in the first place, such as having multiple parties review the agreement and using clear and concise language, can help prevent the need for an agreement due to mistake.
