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Nevada Law Library

Mutual Mistake (A Defense)

In 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 their bargain;

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).