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
A Caveat or Warning for Common Cursitors and later texts often describe Blunt as an Upright Man, which Harman does not in his text. See also examples in Thieves' cant The "Caveat" is available online to subscribers to EEBO, and at Google Book Search. (The latter comprises page-images of an 1814 reprint of the 1573 edition.) The text is included in: A Caveat or Warning for Common Cursitors A Caveat or Warning for Common Cursitors, vulgarly called vagabonds was first published in 1566 by Thomas Harman, and although no copies of that edition survive, it must have been popular, because two printers were punished by the Stationers'