A unilateral Mistake always affords the mistaken party a right to relief from the contract? T or F?
Best Answer:
Hardly ever. False. When two people are both mistaken as to the terms of an agreement, and the mistake was likely as to both parties, then there is no conference of the minds hence no offer and acceptance. Therefore, unilateral mistake (mistake on one party's part) will not excuse that party from the contract. Exception would be if the unilateral mistake be induced by the other contract trader. If the other party to the contract misled the first party, that is fraud contained by the inducement. Therefore there is no meeting of the minds. But that exception is not unilateral mistake as there be an intentional act of fraud. If the other party unintentionally misled the gathering, that is called mutual mistake which is discussed above.



