Section 27 Mistake of Fact

• Library: Remedies 2006

Either a mutual or a unilateral mistake can justify the equitable remedy of rescission. The mistake must be a mistake as to fact. A mistake as to law will not justify a rescission. In re Estate of Hysinger, 785 S.W.2d 619, 624 (Mo. App. E.D. 1990). To justify rescission, “the mistake must relate to the existence or non-existence of a fact, past or present, material to the agreement and not to a future contingency.” Id.

Historically, a mutual mistake of a material fact justified rescission or cancellation...