California, United States of America
The following excerpt is from Lopez v. Phillipsen, E041358 (Cal. App. 6/6/2007), E041358 (Cal. App. 2007):
Alternatively, the party seeking to rescind the contract also could obtain relief by showing the following facts: (1) the mistake was regarding his basic assumption in making the contract; (2) the mistake had a material affect on the agreed exchange of performances adverse to him; (3) the party did not bear the risk of the mistake; and (4) that it would be unconscionable to enforce the contract. (See Donovan v. RRL Corp., supra, 26 Cal.4th at p. 282.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.