When Two Parties Are Involved in a Mutual Mistake (Misunderstanding)

question 50

Multiple Choice

When two parties are involved in a mutual mistake (misunderstanding) as to the meaning of a term of the contract, which of the following is usually applied by the court to settle the matter?

• A) The equitable remedy of rectification
• B) Caveat emptor
• C) The reasonable person test
• D) The court will find that there is no contract because there is no meeting of the minds.
• E) Non est factum

---

Definitions:

Dissimilarities

The state or condition of not being alike, illustrating differences between entities in various aspects.

Mutually Exclusive

A condition or situation in which the occurrence of one event or state precludes the occurrence of another.

Human Nature

The general psychological characteristics, feelings, and behavioral traits shared by all humans.

Genetically Determined

Traits or conditions that are influenced or dictated by one's genetic makeup.