What happen when comes to mistakes about the terms

Question

What happen when comes to mistakes about the terms?

Answer 1

When it comes to mistake about terms, issue is in fact whether there is compromise ad idem, or a meeting of the minds. A unilateral mistake occurs when, prior to the formation of a agreement, with respect to the meaning of a contract term if 1 party is mistaken and also another party is attentive about that mistake. In that condition courts tend to treat contract as unenforceable. A joint mistake occurs when both the gatherings are unconscious of the mistake at that time contract was formed.

In that case, the remedy afforded depends on the type of mistake which is examined below.

1. Words used inadvertently

2. Misunderstandings about the meaning of words