What Is Contract Defense of Bilateral Mistake Law in California
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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