UT · jury_instructions
MUJI 2d CV2130
Unilateral mistake.
[Name of defendant] claims the contract is not enforceable because [he] was mistaken about [insert description of unilateral mistake of fact].
For [name of defendant] to succeed on this claim, you must find that [he] has proved each of the following by clear and convincing evidence:
(1) [name of name of defendant] was mistaken about [insert description of mistake];
(2) [his] mistake has such serious consequences that to enforce the contract would be unconscionable;
(3) the matter about which the mistake was made related to an important feature of the contract;
(4) the mistake occurred even though [name of defendant] made a reasonable effort to understand the circumstances about which he was mistaken; and
(5) [name of plaintiff] can be put back in the same position [he] was in before the contract, losing only the benefit of the bargain.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
7a8856d72016172e10c2aca181c080d8afa9f04269327ad68b64de53fcc4abb9
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