A contract error occurs when a contract agreement includes information that is wrong or false. This term can also refer to instances where the parties are mistaken as to the meaning of a contract term (called contract "mistakes"). An error in the contract may result in a lawsuit in order to have the meaning of a term clarified.
Mistakes in a contract can either be unilateral (only one party is mistaken) or mutual (both parties are mistaken). There can be various types of contract errors depending on the nature of the agreement.
- What are Some Common Examples of Contract Errors?
- Some common examples of contract errors include:
- Errors with regards to weights, number of products, and other measurements
- Errors in pricing and delivery terms
- Mistakes in describing products or services
- Errors in the names of parties
One common example of a contract error is where one party uses an old name for a product that has recently been changed or outdated. The buyer may then receive a product expecting the new version, but instead receives an older version. In such cases, various contract remedies may apply.
Depending on the error, a court may allow a rescission (canceling) of the contract, or they may allow a reformation (rewriting) of the document.
How is Contract Error Different than Fraud?
Contract error is often related to contract fraud. Fraud occurs when one party misrepresents information to the other with the intent of gaining a profit or advantage over them. The difference is that fraud needs to be done intentionally in order for the person to be liable. An error that is committed without the intent to deceive the other party will likely not result in a fraud claim.
On the other hand, one party might intentionally include an error in the contract with the hopes of taking advantage of the other person. Or, they might be aware of an error, but might not say anything to correct it. In such cases, the other party might have a case for contract fraud based off of the error.
Do I Need a Lawyer for Assistance with Contract Error Issues?
Contract errors can often be very complicated to handle. It’s in your best interests to hire a qualified business attorney in your area if you need help resolving any legal issues. Your attorney can help review your contract claim to determine if there are any errors and any possible remedies for your situation. Also, your lawyer can be on hand to represent you during court procedures.