In Nevada, the defense of unilateral mistake is available where:
- Mistake made by one party 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;
- That party does not bear the risk of mistake; and
- The other party has reason to know of the mistake or caused it.
Unilateral Mistake may allow a party to a contract to obtain relief from that agreement. Home Savers, Inc. v. United Sec. Co., 103 Nev. 357, 358-59, 741 P.2d 1355, 1356-57 (1987) (adopting Restatement (Second) of Contracts § 153 (1981)). It occurs when one party makes a mistake as to a basic assumption of the contract, that party does not bear the risk of mistake, and the other party has reason to know of the mistake or caused it. Id.
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
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