331. Affirmative Defense Bilateral Mistake

331. Affirmative Defense--Bilateral Mistake Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that there was no contract because both parties were mistaken about [insert description of mistake]. To succeed, [name of defendant] must prove both of the following: 1. 2. That both parties were mistaken about [insert description of mistake]; and That [name of defendant] would not have agreed to enter into this contract if [he/she/it] had known about the mistake. If you decide that [name of defendant] has proved both of the above, then no contract was created. ___________________________________________________________________________ New September 2003