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A mutual mistake in a contract arises when all parties involved share the same misconception regarding a fundamental fact that is central to the agreement. This circumstance implies that both parties perceive the same incorrect fact. When such a mistake exists, it can potentially render the contract voidable, as the agreement was made based on an understanding that was fundamentally flawed.

The nature of a mutual mistake means that both parties are affected by the same misunderstanding, highlighting that their collective agreement is based on a shared, but incorrect, premise. If a contract is built upon this mutual mistake, the impacted parties might seek to correct the situation through legal avenues, potentially leading to rescission or reformation of the contract, depending on the scenario.

In contrast, other situations involve different types of mistakes or misrepresentations. For instance, if one party knowingly misrepresents a fact, it suggests that there is deceit involved rather than a mutual misunderstanding. Similarly, if only one party is mistaken, it indicates a unilateral situation that typically does not permit the same remedies for rescission or reformation. Understanding these distinctions is vital for recognizing the implications of mistakes in contractual agreements.

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