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Article
Mutual versus Unilateral Mistake in Contracts
Journal of Legal Studies (1993)
  • Eric Bennett Rasmusen
  • Ian Ayres, Yale Law School
Abstract
Courts sometimes allow contracts to be voidable because of mistakes in their basic assumptions. The common wisdom is that rescission is more likely to be granted if the mistake is mutual rather than unilateral---an incorrect belief common to both parties, not just to one. Rescission for mistake can be justified as a way to avoid inefficient transactions and to reduce the costs of collecting information on whether a mistake has been made. These reasons do not justify a general rule distinguishing between mutual and unilateral mistake.
Disciplines
Publication Date
June, 1993
Citation Information
Eric Bennett Rasmusen and Ian Ayres. "Mutual versus Unilateral Mistake in Contracts" Journal of Legal Studies Vol. 22 (1993)
Available at: http://works.bepress.com/ian_ayres/2/