When there is a mutual mistake as to a material fact relating to a contract,rescission is inappropriate.

Name: When there is a mutual mistake as to a material fact relating to a contract,rescission is inappropriate.
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If it is clear that there has been a mutual mistake as to a material fact relating to a contract, rescission by either party is appropriate. The test of materiality is whether the parties would have contracted had they been aware of the mistake.

When There Is a Mutual Mistake as to a Material