Superior Court Explains Mutual Mistake Law
Posted In Breach of Contract
Newport Disc Inc. v. Newport Electronics Inc., C.A. N12C-10-228 MMJ CCLD (October 7, 2013)
This is an action where the defendant tried to avoid its contractual obligations by asserting a mutual mistake led to the wrong language in the contract. The Court rejected that argument for want of clear proof of a mutual mistake. This illustrates the all-too-human tendency to feel that the wrong result must be a "mistake." The Court just is not going to buy that cop out.
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