UT · jury_instructions
MUJI 2d CV2129
Mutual mistake.
[Name of defendant] claims that the contract is not enforceable because both parties were mistaken about [describe mutually mistaken important fact].
For [name of defendant] to succeed on this claim, you must find that [he] proved the following by clear and convincing evidence:
(1) that at the time the contract was entered into both [name of defendant] and [name of plaintiff] were mistaken about these facts, and
(2) that these facts were a basic assumption or an important fact upon which they based their bargain.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
2a90833959a9eac11469d9dc81594cab9924f2db5f1b7555b666369aba3c89df
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