UT · jury_instructions
MUJI 2d CV2242
Unilateral mistake.
[Name of contractor] claims the contract is not enforceable because [he] was mistaken about [insert description of unilateral mistake of fact].
To succeed on this claim, [name of contractor] must prove the following by clear and convincing evidence:
(1) [name of contractor] 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 owner] 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
429856906ec4f1d3bd03dbeb41bcf64e7d24135d052f1cf18d0af5a02ab8e522
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