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Frequently Asked Questions

What happens when there are mistakes in the terms of a contract?

When mistakes occur in the terms of a contract, it can lead to a variety of outcomes, largely dependent on the nature of the mistake and the principles of equitable defense. Equitable defenses are legal strategies that aim to ensure fairness in legal proceedings. In the context of contract law, they can be used to address issues such as mistakes, fraud, estoppel, and more. If a mistake in a contract is mutual, or both parties were mistaken, it can prevent recovery or remedy for either party. This means that the party who has suffered a loss due to the mistake may not be able to seek compensation or rectification. If only one party was mistaken, recovery may be limited. Equitable defenses can also come into play in cases of laches, where the non-breaching party intentionally delays bringing forth a lawsuit for breach of contract, resulting in prejudice to the breaching party. Similarly, if a contract is illegal, it cannot be enforced under legal or equitable principles. In cases where both parties have breached the contract, the principle of unclean hands applies. This means that the party seeking relief cannot be in violation of the terms of the contract.
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