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KembaraXtra – Legal Terms – Operative Mistake
An operative mistake is a mistake of fact that is sufficiently serious to affect the validity of a contract.
Under common law, such a mistake may render a contract void because it prevents genuine agreement or destroys the substance of the transaction.
Examples include situations where the subject matter of the contract no longer exists or where the parties are fundamentally mistaken about the nature of the agreement.
Operative mistakes may arise as common mistakes, mutual mistakes, or unilateral mistakes depending on the circumstances.
The concept forms part of the broader law relating to *mistake in contract law.
An operative mistake is a mistake of fact that is sufficiently serious to affect the validity of a contract.
Under common law, such a mistake may render a contract void because it prevents genuine agreement or destroys the substance of the transaction.
Examples include situations where the subject matter of the contract no longer exists or where the parties are fundamentally mistaken about the nature of the agreement.
Operative mistakes may arise as common mistakes, mutual mistakes, or unilateral mistakes depending on the circumstances.
The concept forms part of the broader law relating to *mistake in contract law.
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