Mistake (contract law) void. Traditionally, Caveat Emptor (let the buyer beware), and under Common Law Caveat Venditor (let the seller beware). A contract might be voidable from unilateral mistake for any of the following: A mutual mistake occurs when the parties to a contract are both mistaken about the same "material" fact within their contract. They are at cross-purposes. There is a meeting of the minds, but the parties are mistaken. Hence the contract is voidable. "Collateral" mistakes will not afford the right of rescission. A collateral mistake is one that 'does not go to the heart' of the contract. For a mutual
Caveat emptor insist on an "even exchange" for other, "conforming" instances of the product. When conforming goods are not available in stock but are available for the dealer to purchase (usually on the open or "spot" market), the buyer may require that the seller obtain the goods elsewhere, even at a higher price, with the seller having to incur a loss equivalent to the price difference. If the vendor still does not or cannot provide the goods and the dispute proceeds to litigation (as opposed to renegotiation or settlement), then as in all cases of vendor breaches of contract, the buyer may