Will A Mistake In A Party’s Name Prevent Enforcement Of Florida Contracts?

Mistake can be– (1) mistake of Law; or (2) Mistake of Fact Mistake of law: when a party enters into a contract, without the knowledge of the law in the country, the contract is affected by such mistakes but it is not void. The reason here is that ignorance of law is not an excuse.

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Contracts: what’s in a name? When entering into a contract it is important to ensure the name of the party you are contracting with is correct. However, if a mistake is made all may not be lost.

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What Is an Affirmative Defense to a Breach of Contract Claim? Most defenses to a breach of contract claim are referred to as "affirmative defenses." As a legal matter, this means that the party raising the defense (the person sued for breach of contract) has the burden of proving the defense, if the dispute goes to trial.

A court will look at a number of factors in determining if a contract is unconscionable. If there is a gross inequality of bargaining power, so the weaker party to the contract has no meaningful choice as to the terms, and the resulting contract is unreasonably favorable to the stronger party, there may be a valid claim of unconscionability.

of first impression in Florida, since the court relied on cases from other states for the following proposition: In the absence of fraud, relief will be granted in equity on the ground of unilateral mistake, where the mistaken party offers to put the other party in satus quo [sic] ; the theory being that

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A mutual mistake is a common misunderstanding between the parties entering into a contract as to the intentions of the other party or a material fact in relation to the contract. A mutual mistake will render the contract voidable: if the mistake goes to the heart of the heart of the contract, the contract is void.

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