Section 7.12 Mutual Mistake

• Library: Settling Cases 2014

Another defense to the enforcement of a release is mutual mistake. Because a release is, in essence, a written contract of compromise and settlement, the nature and extent of its obligations must be certain to be binding. Wells v. Peery, 656 S.W.2d 275, 277 (Mo. App. E.D. 1983).

A mutual mistake regarding the existence of a fact that goes to the essence of a release will render the release voidable where it later appears that such fact did not exist, but a mutual mistake in prophecy or opinion may not be taken as a ground for recession [sic] when such mistake becomes evident through passage of time.

Hackett v. St. Joseph Light & Power Co., 761 S.W.2d 206, 211 (Mo. App. W.D. 1988) (citing Bogus v. Birenbaum, 375 S.W.2d 156 (Mo. 1964))...