Syllabus 26(2): Mutual Mistake and Misunderstanding

20contractssyllabus26(2)

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1.I was confused because you said the facts have to exist at the time of making the K. So in the case of the cow, it was not known that she was fertile and she turned out to be. What if something happened and she wasn’t fertile and became fertile after the K was made? — All Finger 2 refers to the contract formation. You would not be able to use the mistake doctrine for changes that occurred after the formation of the contract. Those are covered in Finger 4.

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