Mutual Mistake (A
Nevada, the defense of mutual mistake is available where:
1. Mistake made by both parties at the
time of formation of a contract concerning a vital fact upon which they based
2. The mistake materially and adversely
alters the contract; and
4. Conscious ignorance cannot support a
mutual mistake defense.
In re Irrevocable Trust Agreement of 1979, 130 Nev. Adv. Op. 63 (Nev. 2014); Gramanz v. Gramanz,
113 Nev. 1, 8, 930 P.2d 753, 758 (1997).