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CACI 331

What Is Contract Defense of Bilateral Mistake Law in California

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What is the Law in California for the Contract Defense of Bilateral Mistake - California Civil Jury Instruction CACI 331

California Law

CA Civil Jury Instructions

CACI 331 - Contract Defense of Bilateral Mistake

As of September 1, 2010

California Civil Jury Instruction CACI 331

331. Affirmative Defense—Bilateral Mistake

[Name of defendant] claims that there was no contract because both

parties were mistaken about [insert description of mistake]. To

succeed, [name of defendant] must prove both of the following:

1. That both parties were mistaken about [insert description of

mistake]; and

2. That [name of defendant] would not have agreed to enter

into this contract if [he/she/it] had known about the

mistake.

If you decide that [name of defendant] has proved both of the

above, then no contract was created.

If you decide that [name of defendant] has proved all of the above,

then no contract was created.

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