When we hear the word “mistake,” we usually think of it in a negative light — an error, a slipup, a problem. But in the legal world, the definition of “mistake” is often different.
For example, in the contracts context, mistakes can be either unilateral or mutual. Unilateral mistakes refer to a situation where only one party to the contract was mistaken about a material element of the contract, while mutual mistakes occur when both parties to the contract are operating under a similar misunderstanding. In either scenario, a court may permit remedial measures to be taken in order to rectify the issue.
Mistakes can also be a potential defense in tort claims. Courts have held that a person may be shielded from liability if their mistake was reasonable under the circumstances. Whether or not an error is considered reasonable depends on the facts of the case, such as a person’s familiarity with the subject matter and whether or not they used care and common sense before acting.
Importantly, the legal definition of “mistake” also includes clerical errors or other types of inadvertent conduct that can cause harm to another party. In this context, “mistake” is often used synonymously with “negligence”.
Bottom Line
When it comes to legal matters involving mistakes, the general rule is that parties must exercise reasonable care and judgment — otherwise, they may face liability for their errors.
By understanding the legal definition of “mistake” and taking reasonable steps to prevent errors in contracts, cases, and more, you can avoid costly mistakes and stay on the right side of the law.