In executing its discretion to grant relief when a party makes a mistake about terms
A)the court will correct the document.
B)the court will determine the burden of proof.
C)the court will consider the hardship that will be suffered by each party.
D)the court will adopt the position of the plaintiff.
E)the court will determine each party's interpretation of the terms.

Question

Quizplus · Accepted Answer

When a party makes a mistake about terms, the court will consider the hardship that will be suffered by each party in executing its discretion to grant relief. This means that the court will weigh the effects of enforcing the mistaken terms against the effects of correcting them and decide what the fairest outcome is. The court will not necessarily correct the document, determine burden of proof, adopt the position of the plaintiff or determine each party's interpretation of the terms.

In Executing Its Discretion to Grant Relief When a Party