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.
A party may avoid a contract by proving
mutual mistake regarding a basic assumption underlying the contract.
There is thus no
mutual mistake between the two parties named in the contract.
Because mutual consent is essential to contract formation, in the event of a
mutual mistake California courts typically allow parties to reform a contract to reflect their intended agreement.
doctrines of
mutual mistake, unilateral mistake, and duress.
Sherwood v Walker (1887) is a landmark case in which the Michigan Supreme Court established the defense of
mutual mistake.
However, LIBOR plaintiffs have not alleged
mutual mistake and frustration of purpose claims.
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.
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.
