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Decline countersign attestant

this presentation is on several instances where courts will not enforce a contract though it satisfies the basic contract elements of offer acceptance and consideration we'll highlight the three MS mistake misunderstanding and misrepresentation mistake can be a defense against enforcement of a contract when at least one party had a belief that is not in accord with the facts with respect to important contract terms mistake refers to erroneous beliefs of the parties that induced them to enter into agreements not mistakes that are relevant to the actual execution process of the agreement for example this defense is not relevant to a scenario whereby a party signed an agreement thinking that she was signing a credit card receipt though such an agreement could also be unenforceable due to the lack of valid assent mistakes can be mutual meaning that both parties shared the same mistaken assumption or can be unilateral meaning that only one party was under a false impression mutual mistake involves these four characteristics one the mistake must have been made by both parties at the same time the contract was made - the mistake must involve a basic assumption on which the contract was made 3 the mistake must materially affect the agreed-upon exchange and 4 the contract is only voidable by a party who was adversely affected by the mistake a basic assumption is an assumption relating to a material fact of the agreement the mistaken belief must materially affect the exchange to such degree that the imbalance is so great that it would be unfair to enforce the contract for example in Rena vers quelle two cellars decide to sell leases on 2,000 acres of undeveloped land near Yuma Arizona these sellers were approached by a buyer who wanted to lease the land to grow jojoba which is a shrub whose seeds produce a valuable oil on the land the land appeared to be perfect for commercial jojoba production both parties believed that there were sufficient water under the land that could sustain commercial jojoba production after the contract was signed the parties discovered there was not enough water to sustain these farming activities and so the buyer won to void the contract the contract was held to be voidable because both parties made the basic assumption that there would be sufficient water to sustain production the assumption materially affected the contract because the parties only made the contract under the assumption that the buyer could grow jojoba on the land the final point provided that only the adversely affected party can avoid the contract in the jojoba example only the buyer could avoid the contract because he was the only party that experienced a detriment the sellers received their money but the buyer could not use the land one caveat to this rule is that the adversely affected parties can only avoid the contract if he or she did not assume the risk of making the mistake conversely where it is apparent from...