In Nevada, the defense of mutual mistake (or bilateral mistake) is available where:
- Mistake made by both parties at the time of formation of a contract concerning a vital fact upon which they based their bargain;
- The mistake materially and adversely alters the contract; and
- Conscious ignorance cannot support a mutual mistake defense.
In re Irrevocable Trust Agreement of 1979, 130 Nev. Adv. Op. 63 (Nev. 2014); Gramanz v. Gramanz, 113 Nev. 1, 8, 930 P.2d 753, 758 (1997).
See elements for other claims at the Nevada Law Library