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In Nevada, the defense of mutual mistake (or bilateral mistake) is available where:

  1. Mistake made by both parties at the time of formation of a contract concerning a vital fact upon which they based their bargain;
  2. The mistake materially and adversely alters the contract; and
  3. 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

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

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