HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
essential mistake
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A quick definition of essential mistake:
An essential mistake is a really big mistake that changes what was promised in a contract. It's like when you order a pizza with pepperoni, but they give you a pizza with mushrooms instead. That's a mistake, but it's not essential because you can still eat the pizza. But if you ordered a pizza with no cheese because you're lactose intolerant, and they give you a pizza with extra cheese, that's an essential mistake because you can't eat it and it's not what you agreed to.A more thorough explanation:
Definition: A mistake that is so fundamental to a contract that it makes the performance of the contract essentially different from what was promised. It is a contractual provision that must be included for a contract to exist.
Example: A company agrees to sell a car to a customer, but mistakenly delivers a bicycle instead. This mistake is an essential mistake because the delivery of a bicycle instead of a car makes the performance of the contract essentially different from what was promised.
Explanation: In this example, the mistake is so fundamental that it changes the entire nature of the contract. The customer did not agree to purchase a bicycle, but a car. Therefore, the mistake is an essential mistake, and the contract cannot be enforced as it was not performed as promised.