Can a contract be set aside if one party is mistaken about the term of the contract?

New Brunswick, Canada


The following excerpt is from Park Fuels v. Fundy Solid Surfacing, 2004 NBQB 165 (CanLII):

A contract will be set aside if one party, knowing that the other is mistaken about the term of an offer lets him remain under his delusion and concludes a contract on the mistaken terms instead of pointing out the mistake. See Solle v. Butcher, supra.

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