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This presentation discusses scenarios where courts may refuse to enforce a contract even when the fundamental elements of offer, acceptance, and consideration are met. It focuses on three key concepts: mistake, misunderstanding, and misrepresentation. A mistake can serve as a defense against contract enforcement if at least one party holds an incorrect belief about essential contract terms. This includes erroneous beliefs that led to the formation of the agreement, rather than mistakes related to the execution process. The defense does not apply if a party mistakenly signs an agreement thinking it was a different document. Mistakes can be mutual (shared by both parties) or unilateral (held by one party).
