Correcting a mistake in a contract

by | Oct 18, 2023 | Blog Posts

mistake in contract

We have all been there. You have agreed a contract, which can be a lengthy process in itself, only to realise there is a mistake in the contract.

When mistakes happen they can cause issues even with the most solid agreements. These mistakes can sometimes be a misstated fact, a detail that has been over looked or even a misunderstanding between the parties. These mistakes can turn a straightforward contract which has been agreed between the parties into a difficult situation which can appear to be unresolvable. In some circumstances, that mistaken belief could void the contract. This principle is known as the ‘Doctrine of Mistake’.

So what do you do?

Instruct a disputes solicitor with the right legal expertise and knowledge in resolving disputes and solving legal difficulties. In situations such as this they will be the best individual to have on your side.

A lawyer will assess the situation, review the contract, and determine the best course of action while outlining both the advantages and disadvantages of the options available to you. By working together with the other parties, they can help an agreement be reached whereby the situation can be resolved without incurring all the legal fees involved with taking a case to the court.

| What happens if negotiations fail?

If the mistake is too substantial to rectify with an amendment to the contract with the consent of all parties, the next step would be to issue proceedings and have the Court settle the matter.

Your litigation solicitor would ensure that they had built a strong case in preparation of your hearing, they presented all the evidence, made the legal arguments, and invited expert evidence (if needed) to defend your interests. Litigation and court proceedings can sound intimidating and scary but with a skilled solicitor by your side you are in capable hands.

If you would like to discuss an issue with your contract, call us on 0800 988 7756. Or fill in our contact form and we will call you back.

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