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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 well 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
