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LSDefine

Simple English definitions for legal terms

Mutual Material Mistake

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A quick definition of Mutual Material Mistake:

Mutual Material Mistake: When two people make a contract, sometimes they both make a big mistake about something important in the contract. This mistake has to be about something really important, not just a small detail. And both people have to make the same mistake. If this happens, one person can say that the contract is not valid because of the mistake.

A more thorough explanation:

Mutual Material Mistake is a defense used in contract law to argue that a contract is invalid.

To use this defense, a party must argue that:

  1. There was a mistake
  2. The mistake must be material, meaning it must concern substantive characteristics of the subject of the contract
  3. The mistake was mutual, meaning both parties had the same mistaken belief

Two parties, A and B, enter into a contract for the sale of a car. Both parties believe that the car has never been in an accident. However, after the contract is signed, they discover that the car was in fact in an accident and has significant damage.

In this case, both parties had the same mistaken belief about the condition of the car, which was material to the contract. Therefore, either party can use the defense of mutual material mistake to argue that the contract is invalid.

mutual fund | Mutual Wills

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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