Common mistake

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Contract Law

Common mistake occurs when a Contract is formed and appears valid, and yet the situation that obtains in the real world makes the contract meaningless. For example, if two people enter into an agreement to transport goods using a particular ship, and the ship had sunk before the contract was settled, then the contract is meaningless. In this case, no party is in breach of contract, even if one of them was the owner of the ship. This should be contrasted with Agreement mistake, in which the parties have no real 'meeting of minds'