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the next defense we want to talk about is mistake right theres really two categories of mistake we have section 152 of the second restatement of contracts and we have section 153 of the second restatement of contracts of course this is mutual mistake and unilateral mistake a mutual mistake is going to be when both parties are mistaken as to a basic assumption on which the contract is formed a unilateral mistake is when only one party to the contract is mistaken as to a basic assumption on which the contract was formed but dont worry about were gonna get to a lot of examples on both of these but lets start with mutual mistake first right what is a mutual mistake what do we want to look for on a fact pattern well the main issue spotting right when theres a mistake fact pattern it usually presents itself in one of two ways right either the seller is selling something right and then after the sale the seller realizes that the item he sold has far more value than whatever he thought i