"' Engineering Plastics Ltd v J Mercer & Sons Ltd "'[ 1985 ] 2 NZLR 72 is a cited case in New Zealand regarding mutual mistake.
12.
"' Mechenex Pacific Services Ltd v TCA Airconditioning ( New Zealand ) Ltd "'[ 1991 ] 2 NZLR 393 is a frequently cited case regarding mutual mistake.
13.
Ms . Kendall said, " but we don't feel that we should be penalized when everyone _ the states, the companies and the federal government _ contributed to this mutual mistake ."
14.
JMS defended their claim, with the main one that the contract was subject to mutual mistake, and sought relief under section 6 ( 1 ) ( a ) ( iii ) of the Contractual Mistakes Act 1979.
15.
"' Sherwood v . Walker "', 66 Mich . 568, 33 N . W . 919 ( Mich . 1887 ), is a seminal case of enormous significance in the evolution of American contract law involving the doctrine of mutual mistake.
16.
{{ Cquote | The result, therefore, is, that at the time of the agreement for the lease which it is the object of this Petition to set aside, the parties dealt with one another under a mutual mistake as to their respective rights.
17.
If, however, it were proved by twenty bishops that either party when he used the words intended something else than the usual meaning which the law imposes on them, he would still be held, unless there were mutual mistake or something else of the sort ."
18.
Right fielder Paul O'Neill and second baseman Alfonso Soriano have had trouble coordinating their efforts on pop flies, but after their mutual mistake essentially cost the Yankees the game Friday, O'Neill promised there would be no more confusion : O'Neill intends to charge everything from now on.
19.
Private right of ownership is a matter of fact; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be set aside as having proceeded upon a common mistake.
20.
Like any other contractual clause, then, an arbitration clause may be invalid without violating the FAA if, for example, it is procured through fraud or forgery; there is mutual mistake or impossibility; the provision is unconscionable; or, as in this case, the terms of the clause are illegal under a separate federal statute which does not evidence a hostility to arbitration.
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