What is the result when a party unilaterally mistakes a term of the contract?

Prepare for the Canadian Hospitality Law Exam. Brush up on legal topics with flashcards, and detailed multiple-choice questions. Ace your exam!

When a party unilaterally mistakes a term of the contract, it generally does not invalidate the contract or make it unenforceable. A unilateral mistake occurs when only one party is mistaken about a term or fact related to the contract while the other party is aware of the correct information. In such cases, the mistaken party may still be bound by the contract because the other party is typically not responsible for the mistaken party's misunderstanding.

This principle hinges on the idea that for a mistake to affect the enforceability of a contract, it usually must be mutual; that is, both parties must be mistaken about a fundamental aspect of the agreement. If only one party is mistaken, unless the other party acted with fraud or inequitable advantage, the contract remains enforceable as it reflects the agreement of the parties at the time of the execution.

The remainder of the options do not accurately reflect the legal standing of unilateral mistakes. Automatic invalidation or requiring the other party to clarify terms does not occur solely because one party is mistaken. Similarly, suggesting that the contract must be renegotiated goes beyond what is typically required, as enforceability stays intact unless additional circumstances, like fraud or a significant change in the situation, come into play.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy