Contracts and Sales Multistate Bar Practice Exam

What type of mistake can affect the formation of a contract?

1. A unilateral mistake regarding cost

2. A mutual mistake regarding essential facts

3. A mistake made due to an unforeseen circumstance

4. A mistake pertaining to the ability to perform

The correct answer is: A mutual mistake regarding essential facts

Mutual mistakes regarding essential facts can significantly affect the formation of a contract because both parties have a shared misunderstanding of a fundamental fact that is critical to the agreement. When a mutual mistake occurs, it involves both parties being mistaken about the same basic fact that is central to the contract, rendering it voidable. For instance, if both parties believe a unique painting is original, but it turns out to be a replica, the entire basis of their contract collapses due to this shared misunderstanding. In contrast, a unilateral mistake, such as a misunderstanding by one party regarding the cost, typically does not provide grounds for rescinding the contract because the other party was not mistaken. Similarly, a mistake arising from unforeseen circumstances may relate to performance issues rather than the formation of the contract itself. Lastly, a mistake about the ability to perform may reflect an individual's ability rather than a core misunderstanding about the terms or subject matter of the contract, which is essential for potential invalidation. Thus, mutual mistakes regarding essential facts uniquely impact the validity of a contract, justifying the choice of that answer.