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Editing Contracts/Mistake
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:(1) One party relied on a statement of the other about a material fact that the second party knew or should have known was mistaken by the first party.<ref name="Kubasek">{{cite book|last1=Kubasek|first1=Nancy|last2=Browne|first2=M. Neil|last3=Heron|first3=Daniel|last4=Dhooge|first4=Lucien|last5=Barkacs|first5=Linda|title=Dynamic Business Law: The Essentials|date=2016|page=227|publisher=McGraw-Hill|isbn=9781259415654|edition=3d|url=http://highered.mheducation.com/sites/0073524972/information_center_view0/table_of_contents.html}}</ref> | :(1) One party relied on a statement of the other about a material fact that the second party knew or should have known was mistaken by the first party.<ref name="Kubasek">{{cite book|last1=Kubasek|first1=Nancy|last2=Browne|first2=M. Neil|last3=Heron|first3=Daniel|last4=Dhooge|first4=Lucien|last5=Barkacs|first5=Linda|title=Dynamic Business Law: The Essentials|date=2016|page=227|publisher=McGraw-Hill|isbn=9781259415654|edition=3d|url=http://highered.mheducation.com/sites/0073524972/information_center_view0/table_of_contents.html}}</ref> | ||
:(2) “clerical error that did not result in [[gross negligence]]”<ref name="Kubasek"/> | :(2) “clerical error that was did not result in [[gross negligence]]”<ref name="Kubasek"/> | ||
::For mechanical calculations, a party may be able to set aside the contract on these grounds provided that the other party does not try to take advantage of the mistake, or 'snatch up' the offer (involving a bargain that one did not intend to make, betrayed by an error in arithmetic etc.). This will be seen by an objective standard, or if a reasonable person would be able to know that the mistake would not make sense to one of the parties. Unless one of the parties 'snatched up' the one-sided offer, courts will otherwise uphold the contract.{{citation needed|date=March 2017}} | ::For mechanical calculations, a party may be able to set aside the contract on these grounds provided that the other party does not try to take advantage of the mistake, or 'snatch up' the offer (involving a bargain that one did not intend to make, betrayed by an error in arithmetic etc.). This will be seen by an objective standard, or if a reasonable person would be able to know that the mistake would not make sense to one of the parties. Unless one of the parties 'snatched up' the one-sided offer, courts will otherwise uphold the contract.{{citation needed|date=March 2017}} |