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mistake


mistake, defined:

a misconception on the part of one or more contracting parties regarding the subject matter of the agreement. For there to be an agreement there must be a meeting of the minds. A meeting of the minds requires a common understanding of all of the terms of the contract. In certain instances, a mistake may void the contract on the basis that no real consent had existed.

mistake, as it might be used:

The defendant argued that the written agreement should be rescinded due to a mutual mistake in one of the terms of the agreement.
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