HI · jury_instructions
Haw. Civil Jury Instr. 15.22
CONTRACT – MUTUAL MISTAKE
To prevail on the affirmative defense of mutual mistake,
defendant(s) must prove all of the following elements:
(1) At the time they entered into the contract, the
parties made a mistake as to the same basic assumption
on which the contract was made; and
(2) That mistake had a material effect on the agreed
exchange of performances; and
(3) That mistake adversely affected defendant(s).
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
dba709127cffebd3ce93cb1cfb85971755ff3ddc7e727ae9f3ccb22ced44b7a7
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