Section 7.16 Mistake

• Library: Contracts 2016 Supp

5. (§7.16) Mistake

Contracts entered as a result of mistake may be unenforceable depending on the type of mistake. A contract based on mutual mistake of material fact is unenforceable. Liquidation of Prof’l Med. Ins. Co. v. Lakin, 88 S.W.3d 471, 481 (Mo. App. W.D. 2002). If, however, the mistake is one of law (i.e., the legal consequences of an act), the mistake does not prevent the enforcement of
the contract. Id.; see alsoThompson v. Volini, 849 S.W.2d 48, 50 (Mo. App. W.D. 1993).

A unilateral mistake...