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Last Update: 11/11/18

According to the case law as of the date of this article, whether someone is entitled to relief for mutual mistake is determined from the terms of the contract or deed and the surrounding circumstances.

See: Rawson v. UMLIC VP, L.L.C in which the court cited case authority stating that a mutual mistake affecting the basic assumption on which the contract was made may require the contract void unless the adversely affected party bears the risk of the mistake.


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