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LSDefine
Simple English definitions for legal terms
common mistake
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A quick definition of common mistake:
A common mistake is when two or more people make a mistake together while making a contract. This can happen when they don't understand each other or when one person believes something that is not true. If the mistake is important enough, the contract may not be valid. Mistakes can be about facts or laws, but they must be related to the contract. If only one person makes a mistake, it is called a unilateral mistake, and it may not be enough to cancel the contract.
A more thorough explanation:
A common mistake is a situation in which either the parties to a contract did not mean the same thing, or at least one party had a belief that did not correspond to the facts or law. This can result in the contract being voidable.
Two friends, John and Jane, agree to buy a car together. They both believe that the car is in good condition, but after purchasing it, they discover that it has major mechanical problems. This is a common mistake because both parties had the same mistaken belief about the condition of the car.
In this example, John and Jane can void the contract and get their money back because their mistaken belief about the condition of the car was a fundamental part of their agreement.