Unilateral Mistake of Fact in California
What is the doctrine of unilateral mistake of fact in California?
A unilateral mistake of fact occurs when only one party understands the facts to be other than they really are. M.F. Kemper Constr. Co. v. City of Los Angeles (1951) 37 Cal.2d 696, 701. A contract is void, or are may be avoided, on the ground of a unilateral mistake if the non-mistaken party knew or had reason to know of the mistake and obtained an advantage from it. Id; Civ. Code §1689(b)(1); Harris v. Rudin, Richman & Appel (2002) 95 Cal.App.4th 1332, 1339; Balisteri v. Nevada Livestock Production Credit Assn. (1989) 214 Cal.App.3d 635, 640-644.
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