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.
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common example of a contract error is where one party uses an old name for a product that has recently been changed or outdated.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.
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.
Contract errors can often be very complicated to handle. It’s in your best interests to hire a qualified contracts 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.
Last Modified: 08-07-2013 12:32 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.