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LSDefine
Simple English definitions for legal terms
inessential mistake
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A quick definition of inessential mistake:
An inessential mistake is a type of mistake in a contract that does not affect the validity of the agreement. It is a mistake about something external to the agreement, rather than a mistake about the nature of the agreement itself. For example, if two people agree to sell a car, but one of them mistakenly believes the car has a sunroof, this is an inessential mistake because it does not change the fact that they agreed to sell the car. Inessential mistakes are different from essential mistakes, which are serious enough to mean that there was no real agreement between the parties.
A more thorough explanation:
An inessential mistake is a type of mistake in a contract that does not affect the validity of the agreement. It is a mistake that relates to some external circumstance and not the nature of the contents of the agreement. For example, if two parties agree to sell a car, but one party mistakenly believes the car is red when it is actually blue, this is an inessential mistake because it does not affect the validity of the agreement.
On the other hand, an essential mistake is a mistake serious enough that no real consent could have existed, so that there was no real agreement. For example, if two parties agree to sell a car, but one party mistakenly believes they are selling a boat, this is an essential mistake because it affects the validity of the agreement.
It is important to distinguish between essential and inessential mistakes because only essential mistakes can make a contract voidable. Inessential mistakes do not affect the validity of the agreement and therefore cannot be used as a basis for voiding the contract.