Mistake Ever Defense Contract Enforceability Whats Case Involves Party Alleging Mistake Co Q34275814

Is a mistake ever a defense to contract enforceability? whats acase that involves a party alleging a mistake in a contract thatjustifies it not being enforced. Briefly provide the facts of thecase and then explain the court’s decision.

Expert Answer

Mistake in contract law is an erroneous belief that certainfacts are true. If mistake raised successfully, agreement inquestion can led to void ab initio. Mistake has been used asdefense to contract enforceability. Under Davis v. Pennsylvania Co.337 Pa. 456, 12 A.2d 66 (1940), the judgement exonerated the actorfrom shifting any responsibility for the loss to tortfeasors andother who forced them to