Section 38 Mutuality of Mistake

• Library: Remedies 2006

As set out in §14.36 above, the mistake must be mutual. Both parties must be mistaken. But the fact that the mistake was the scrivener’s does not turn the mistake into a unilateral mistake. In Hoffman v. Kaplan, 875 S.W.2d 948, 953 (Mo. App. E.D. 1994), the court held that when both parties believed the...