Under unilateral mistake, the contract is still valid when:

Prepare for the New York Multistate Bar Exam with comprehensive study resources. Access multiple-choice questions, detailed explanations, and exam tips to boost your preparation and confidence.

Multiple Choice

Under unilateral mistake, the contract is still valid when:

Explanation:
Unilateral mistake generally doesn’t void a contract on its own. The deal remains valid unless there’s something improper about how it was induced—such as fraud, misrepresentation, or the other party knowingly taking advantage of the mistake. If there’s no fraud or misrepresentation, the mistaken party can’t simply walk away just because they were mistaken; the contract stays in force. That’s why absence of fraud or misrepresentation is the best fit. The other ideas don’t fit: a mutual mistake isn’t unilateral, the other party having knowledge of the mistake would make the contract more likely voidable by the mistaken party, and partial performance doesn’t by itself strip away enforceability.

Unilateral mistake generally doesn’t void a contract on its own. The deal remains valid unless there’s something improper about how it was induced—such as fraud, misrepresentation, or the other party knowingly taking advantage of the mistake. If there’s no fraud or misrepresentation, the mistaken party can’t simply walk away just because they were mistaken; the contract stays in force.

That’s why absence of fraud or misrepresentation is the best fit. The other ideas don’t fit: a mutual mistake isn’t unilateral, the other party having knowledge of the mistake would make the contract more likely voidable by the mistaken party, and partial performance doesn’t by itself strip away enforceability.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy