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Legal Terms
Term: unilateral mistake
1.
Unilateral mistake is similar to mutual mistake, except that only one party is operating under a misconception of facts, and the other party is aware of their misunderstanding or ought to be taken as being aware of it. The mistake must relate to a condition of the contract rather than a warranty. Misconceptions that relate to quality are not sufficient for a successful claim for unilateral mistake.
Usage: Specific performance of the contract was declined by the court on the basis that the unilateral mistake related to the age of the goods rather than their nature.
Related Words: mistake of fact; mistake of law; mutual mistake; contract; rectification; non est factum.
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