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CACI 330

What Is Contract Defense of Unilateral Mistake of Fact Law in California

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What is the Law in California for the Contract Defense of Unilateral Mistake of Fact - California Civil Jury Instruction CACI 330

California Law

CA Civil Jury Instructions

CACI 330 - Contract Defense of Unilateral Mistake of Fact

As of September 1, 2010

California Civil Jury Instruction CACI 330

330. Affirmative Defense—Unilateral Mistake of Fact

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

she/it] was mistaken about [insert description of mistake]. To

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

1. That [name of defendant] was mistaken about [insert

description of mistake];

2. That [name of plaintiff] knew [name of defendant] was

mistaken and used that mistake to take advantage of [him/

her/it];

3. That [name of defendant]’s mistake was not caused by [his/

her/its] excessive carelessness; and

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

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

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

then no contract was created.

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