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Questions tagged [mistake]

In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true.

In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true.

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Wrong corporate name on employment agreement

I signed an employment agreement 6 years into a 7 year term. On the 7th year, they decided to not renew our agreement. When reviewing my agreement I noticed the corporate name was incorrect and wasn't the complete name. Does this mistake make the…
steve
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Does intoxication impact a "mistake of fact" defense?

This may vary from jurisdiction to jurisdiction, if it does, I guess the most relevant jurisdiction I'd be interested in would be Indiana in the US. If a defendant is arguing "mistake of fact," but the reason they made the mistake was, they were…
user3752935
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Can a contract still be valid even if a purported party's name is not correct?

Assuming someone's full name is John Smith and they enter into a contract that refers to them by the wrong name (eg James Shaw). Is this a valid contract and does the extent to which the name is wrong impact this (eg would it be different if the…
surath federer
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Mistake on car insurance policy about use of car (commuting/social)

After buying my car insurance, with me as the main driver and my husband and daughter as other named drivers, there is a mistake in the policy. My husband uses the car for pleasure and commuting to work, but they put him as only social. I, the…
Trish
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Innocent Misrepresentation v. Mistake

How does Innocent Misrepresentation differs from Mistake? Scriven Brothers & Co. v Hindley (1913) (quoted below) illustrates my bewilderment. Defendant made a false statement of fact, acted upon by Plaintiff, pre-contractually that definitely…
user89
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Company changes its legal name but not that on its staff handbook. Can I ignore the staff handbook?

In UK employment law, the staff handbook often forms part of the contract. I work for Company XYZ. This is clearly stated in my contract. The handbook is for Company ABC, which is my employer's old name before I joined. Let's say that I don't like…
Bad_Bishop
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Do I have right to delay the increase of my rent by one month if the landlord proposes to increase it on February the 30th?

This is the text of the e-mail I received from the agency on 28th of January (my emphasis): Hello, I hope this finds you well. Unfortunately, we’ve been asked to inform you of an increase in your rent. It hasn’t been increased in a while, and our…
Enlico
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We have accidentally made a mistake in our company name on a contract does this make it invalid

One of our customers has defaulted on the contract terms and owes us money. They are saying that our contract is invalid as there is a slight mistake in our company name on the contract. The contract clearly states our full company name but has UK…
Angelslick
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Is overselling breach of contract or mistake?

Where does overselling stand in terms of contract law? Say Bob runs a record store. One day, Pete pops in and asks for a specific rare CD. Bob does not have it but his friend Rob does, and Bob is super sure he can persuade Rob to sell the CD to him.…
Greendrake
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Uncertainty regarding validity of contract after tiny mistake

I recently accepted a new job, but when signing the contract, I accidentally wrote down the wrong signing date. I signed in September but am due to start in July, so I accidentally wrote down July. The process happened through DocuSign, and I now…
Matei Hriscu
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Can a lease contract be voided due to incongruency?

I've recently rented a flat in Malta and signed a rental agreement which states, prior to the terms, I am the landlord and he (the landlord) is the tenant. By the last page at the bottom, he signed as the landlord and I signed as the tenant. Would…
Brody
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Mistake in a lease that conflicts with the original intentions of both parties

Alice discovers that the end date is wrong in her lease. It should have been June 2018, not August 2018. Her landlord is not being responsive to the mistake. But she does have a recent email from the landlord stating that the lease was for 2 years…
Kimberly W
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In beer can lottery who gets to keep the prize? Buyer or person who opened the can? Does mutual mistake rule applies to gifts?

I came across an interesting situation on my Facebook wall. Basically in Cambodia there's a beer lottery you open a can and you can win another beer or money or motorbike. As far as I can tell guy brought 10 cans of beer to his friends and one of…
pom
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There's a (potentially large) mistake in my contract, is there a need to address it?

A company that's using the contracting firm said they'd pay me $X per hour, and the same amount for hours over 40 in a given week. Apparently there's an exemption from the 1.5x pay for certain engineering positions, which I was told this was. I was…
speedfranklin
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