The most important thing to remember about mistakes is that they can form the basis for a successful defense if you are being sued for breach of contract.
When we use the term “mistake” in everyday parlance, the meaning is pretty clear. A mistake is an error – something someone did accidentally that caused some type of harm. However, the word takes on a slightly different meaning when it comes to breach of contract lawsuits, and it makes sense to understand the real meaning of “mistake” if you find yourself suing (or being sued) in this situation.
And just as a side note – you really need to get in touch with a qualified lawyer with experience in breach of contract lawsuits as soon as possible. The misleading definition of “mistake” is only one example of so-called “legalese.” Your lawsuit will likely be filled with all manner of confusing terms, and you’ll need a lawyer to help you make sense of it all. Your best bet is to book a consultation with an attorney as soon as possible if you find yourself in this situation.
A Mistake is an Erroneous Belief
In the world of contract law, a mistake isn’t an action – it’s an erroneous belief. This means that parties are under the impression that certain facts are true, when in reality they are not. Depending on who you ask, mistakes can be split into three or four categories:
Man in white dress shirt with hand over mouth; image by KrakenImages, via Unsplash.com.Unilateral mistakes: This is when only one party makes a mistake – not both.
Mutual mistakes: When both parties make a mistake, it is called a mutual mistake.
Mistranscriptions: This is when one party accidentally makes an error when writing the contract. Both parties then sign the agreement, mistakenly believing it to be accurate1.
Misunderstandings: This is when both parties have beliefs that are technically in accordance with the facts, but these beliefs are different and cause a contract issue2.
The Number-One Thing to Remember About Mistakes
The most important thing to remember about mistakes is that they can form the basis for a successful defense if you are being sued for breach of contract. If you believe you have made a mistake of some kind, reach out to your attorney and see if this qualifies as a viable defense strategy.
Enlist the Help of a Qualified Attorney Today
If you’ve been searching for a qualified, experienced breach of contract attorney in Denver, get in touch with Semler & Associates, P.C. With our wealth of experience with breach of contract cases, you’ll be giving yourself the best possible chance of success. Without an attorney by your side, it becomes very difficult to figure out the true meaning of words like “mistake.” The truth is that everyday words can take on entirely new definitions when used in a legal context, and your attorney can guide you through this often-confusing process in a confident, efficient manner. Book your consultation today.
Sources:
https://oxford.universitypressscholarship.com/view/10.1093/oso/9780199731404.001.0001/oso-9780199731404-chapter-42#:~:text=In%20a%20mistranscription%20case%20A,transcribe%20the%20agreement%20into%20writing.&text=Both%20parties%20then%20sign%20the,it%20accurately%20reflects%20the%20contract.
https://www.cali.org/sites/default/files/CON18P-Contracts-Misunderstanding-Mistake.doc
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