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Contract Defenses (Mistake (M in underlying assumption (Both parties (The…

- - - - Enforcing K against him is unconscionable OR
      - Other party had reason to know of mistake
      - Other party caused the mistake
    - - It is present at the time the contract is made
      - It concerns an underlying assumption
      - It is mutual
      - It relates to a basic assumption
      - There is a mistake
      - The adversely affected party does not bear the risk
        
        Allocated to him by the parties or court
        
        Seller usually bears risk of minerals in land.
        
        Entered K treating limited facts as sufficient
  - - - Both parties mistaken
      - Third party rights not infringed upon
      - Writing fails to accurately express agreement