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
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