ABSTRACT
Mistake is another factor that may operate to show that the parties did not genuinely consent to the formation of the contract. Given the subjective nature of the doctrine, the law is quite reluctant to grant a party relief on the grounds of mistake. The court is not normally concerned about a party’s motive, mistaken or otherwise, for entering into a contract, but rather about a mistake that operates to negative actual assent. In other words, the mistake relates to a matter that operates as condition precedent to the contract.
