Small wonder we had conversed at cross-purposes; the only wonder was that we had not discovered our mutual mistake
Taxpayers are denied a discharge of federal taxes in bankruptcy because they failed to timely file Forms 1040; the IRS's assessments are not time-barred after the Tax Court finds mutual mistake
and reforms extension agreements to correct a "scrivener's error.
2 billion buyout should proceed despite a mutual mistake
as to price.
Sherwood v Walker (1887) is a landmark case in which the Michigan Supreme Court established the defense of mutual mistake
According to the Supreme Court of Rhode Island, when parties to a marital settlement agreement rely on an expert appraisal, the court will not permit reformation of the agreement unless a mutual mistake
of material fact is established by clear and convincing evidence.
A party may avoid a contract by proving mutual mistake
regarding a basic assumption underlying the contract.
The defendant's claim "sought reformation of the parties' written agreement claiming a mutual mistake
, or alternatively, a rescission of the written agreement and enforcement of the parties' earlier oral agreement.
24) A board or court can reform a contract when there has been a unilateral mistake, mutual mistake
, or when a contract violates a statute or agency regulation.
He believes the claim could set a precedent, because the global crisis and inability of buyers to get mortgages gave rise to what he says is a mutual mistake
and impossibility of performance, creating grounds under state law for contract rescission.
In addition to some reorganization of the topics within the text, the third edition includes discussion of the enforcement of form contracts, the role of formal contracts in contract law, and articles on mutual mistake
The black letter criteria for reformation is a written agreement, (5) a mutual mistake
(6) (or fraud, or misrepresentation by a party and a mistake by the other party), (7) and proof by clear and convincing evidence.
The regulations under section 7122 provide for reopening an offer if there is a mutual mistake
as to a material fact.