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Question

Which of the following conditions is not essential in the context of 'Bilateral Mistake'?

A
It must be mutual or common
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B
It must relate to some law essential to the agreement
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C
It must relate to some fact essential to the agreement
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D
It must relate to the formation of an agreement
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Solution

The correct option is B It must relate to some law essential to the agreement
A bilateral mistake example includes instances when both parties to a contract are mistaken or misinformed as to the specific terms. Bilateral mistakes, in comparison to unilateral mistakes, involve both parties of the contract. A unilateral mistake involves just one party to the contract acting under false misconceptions. It is necessary that a bilateral mistake must relate to some law essential to the agreement.

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