Will A Mistake In A Party’s Name Prevent Enforcement Of Florida Contracts?

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Unenforceable contracts are those that meet the basic requirements but fail to fulfill some other law. For instance, if a state has special requirements for contracts related to lending money, failure to comply could make the contract unenforceable. Voidable contracts occur when one or both parties have a legal right to cancel their obligations.

Enforcement. To enforce your business contract, you should start by contacting the other party to see if she intends to perform — to fulfill her part of the agreement. If the other party has not substantially performed on the contract after being provided notice, you may institute legal action for breach of contract.

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A contract won’t be enforced if it’s based on fraud or misrepresentation. These are civil causes of action regarding the formation of a contract..

Thus, no party can be a minor, under the influence of drugs or alcohol, or mentally deficient in a way that would prevent them from understanding the terms of the contract. A non-competent party to a contract may disavow the contract, which would render it void. Legal Purpose: The purpose of the contract must fall within the confines of lawful conduct. In other words, a court would never enforce.

Mistake can be– (1) mistake of Law; or (2) Mistake of Fact Mistake of law: when a party enters into a contract, without the knowledge of the law in the country, the contract is affected by such mistakes but it is not void. The reason here is that ignorance of law is not an excuse.

(a) the effect of the mistake is such that enforcement of the contract would be unconscionable, or (b) the other party had reason to know of the mistake or his fault caused the mistake. [section] 154. When a Party Bears the Risk of a Mistake. A party bears the risk of a mistake when

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In other words, it makes a significant difference whether the non-mistaken party is aware that the other party does not understand a term in the contract. If the non-mistaken party knows that the other party has made a unilateral mistake, the result is usually contract rescission (cancellation).