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Created by mike on 16 October 2009, at 16:46



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There are many ways in which the parties entering into a Contract can be mistaken about the contract. If the mistake is genuine then the contract will either be void (see: Void contract) or voidable (see: Voidable contract). The law recognises two classes of mistake:

  • Agreement mistake, where the parties are acting at cross-purposes, and
  • Common mistake, where the agreement is sound but it does not match the situation that obtains in the domain of the contract.
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