...on two of the contracts, and judgment for R S on the third. On appeal, Hardaway contends that the magistrate judge erred in permitting R S to take advantage of the unilateral mistake doctrine with...one of the other contracts. We find that the magistrate judge acted within his discretion when he applied the unilateral mistake doctrine in this case. We also conclude that the damages award to...Hale's signature to the Agreement Clarification Attachment under the unilateral mistake doctrine and removing the document from the jury's consideration. Under Florida law, which we are bound to apply by...

...written agreement. The second is the doctrine of unilateral mistake. The party asserting this doctrine must show that it was mistaken and that...the mistake, hoping to profit from it. That is the kind of conduct the unilateral mistake doctrine was designed to remedy. Based on the.... We hold that the trial court erred in granting summary judgment. We find that there was a triable issue of material fact of mutual mistake or unilateral mistake coupled with knowing silence, even...

...." We turn to the Taubers' alternative contention, that they were entitled to avoid the contract with Quan under the "unilateral mistake" doctrine. The Taubers claim that they signed the...with the trial court that the Taubers did not show that they might be able to satisfy the requirements of the unilateral mistake doctrine. First, as in DSP Venture Group...defenses, the court ruled on March 10, 2004, that the parties had made "a valid and binding contract" which the Taubers were "not entitled to void" on the basis of their unilateral mistake...

...court to reform the contract based on mutual mistake. In its third count, OCS asked the trial court to allow rescission of the contract based upon unilateral mistake. "`Reformation of a written instrument is an extraordinary equitable remedy. . . .'" Ethridge v. TierOne Bank, 226 S.W.3d 127, 132 (Mo. banc 2007) (quoting Morris v. Brown, 941 S.W.2d 835, 840 (Mo.App. W.D. 1997)). Likewise, "rescission is . . . an equitable remedy, and . . . the unilateral mistake doctrine balances...mutual mistake as to the amount of rock that would need to be removed to complete the project. The third count sought rescission of the contract based upon unilateral mistake by OCS as to the amount of...based upon unilateral mistake are equitable remedies. Indeed, these are extraordinary equitable remedies that "should be granted with great caution and only in clear cases of fraud or mistake...

...aside the release on the basis of the unilateral mistake doctrine, lack of reliance, and its contention that, properly construed, the release was limited rather than general. State...), but seeks to set aside the release under the unilateral mistake doctrine. This doctrine, however, is unavailable to State Street. While it is true that New York courts will, in some cases, rescind...contracts and void releases even in the absence of fraud where unilateral mistake is established, see 37 N.Y. Jur. Mistake, Accident, or Surprise § 7, at 526-27 (1964), the mistake must be...

...equitable remedy, and that the unilateral mistake doctrine balances the equities by ensuring that the party seeking rescission cannot avoid its obligations under the contract where, as here, the...contract should be rescinded or reformed on the basis of Stewart's unilateral mistake in believing that BSM businesses like Nitro were eligible for Pro Net membership when, in fact, under the Pro Net...bylaws, only Amway distributorships were eligible for membership. According to Nitro, the unilateral mistake prevented a meeting of the minds on the essential terms of the contract. Rescission on the...

.... Unilateral Mistake Novoneuron argues that had it been permitted to amend, it could have pursued a theory of unilateral mistake. The doctrine of unilateral mistake is available in...., Inc., 116 F.3d 1364, 1369 (11th Cir. 1997) (emphasis in original). "Florida case law allows for application of the unilateral mistake doctrine where all of the following conditions are met: (1...to seek leave to further amend the complaint. It argues that if permitted to amend, it could have pursued a theory of unilateral mistake. Alternatively, Novoneuron argues that the district court erred...

.... • 1 The first issue raised by the Dusenburys is the contention that the doctrine of unilateral mistake was improperly applied so as to allow rescission of the contract. They contend that only.... The doctrine of unilateral mistake was also applied in the case of National Super Markets, Inc. v. First National Bank (1979...Redarowicz. Despite this, it is apparent that the policy of Redarowicz was implicitly supportive of the trial court's ruling that the unilateral mistake doctrine operated to allow the...

...256. C. Unilateral Mistake Under the unilateral mistake doctrine: Where a mistake is of so fundamental a...). Freeman argues that Toler's alleged fraud should excuse his performance under the unilateral mistake doctrine. I disagree, for two reasons. First, Freeman has put...responsibilities under the Settlement Agreement; and (2) even if the Payment Clause is not ambiguous, Freeman's performance is excused by the contract doctrines of mutual and unilateral mistake. He also...

...unilateral mistake only if the mistaken party does not bear the risk of the mistake. As this court has summarized the unilateral-mistake doctrine. Where a...managed for another LLC with a similar name. Alternatively, Richmar contended that it should be excused from performing based on either a | mutual or unilateral mistake. Primarily, Richmar argued that...favorable to the nonmoving party." Id. Richmar primarily contends that the district court erred in rejecting its unilateral-mistake defense on the ground that Richmar/Laub...

...uniformity in our decisions. According to Starboard, in some of our cases (Lechuga, Rachid, and DePrince I) we have required parties claiming a unilateral mistake to meet a four-part test that included inducement as an element. In other cases (Anderson and Tobon), we have not required inducement. We grant rehearing en banc to resolve this conflict. DISCUSSION While the panel in DePrince II was bound by DePrince I to hold that the unilateral mistake doctrine required...reversed because Krasnek "squarely h[eld] that a party - even an insurance company such as the present appellant - should be relieved of the consequences of a unilateral mistake like the one involved here." Id. The court explained that neither of the two exceptions to the unilateral mistake doctrine discussed...lack of inducement as a way to prevent the application of the unilateral mistake doctrine. Nor could it. A court's holding can only go as far as its facts, see Miccosukee...

...." There are two pathways to reformation — mutual mistake and unilateral mistake: Cerberus Int'l, Ltd. v. Apollo Mgmt., L.P., 794 A.2d 1141, 1156 (Del. 2002). The first is the doctrine of...mistake. In such a case, the plaintiff must show that both parties were mistaken as to a material portion of the written agreement. The second is the doctrine of unilateral mistake. The party asserting this doctrine must...mistake fails. 3. Did West Willow Know of Robino's Mistake, Yet Remain Silent? Robino, in order to obtain reformation under the unilateral mistake doctrine, must...

.... Tompkins, 304 U.S. 64, 78 (1938). Florida follows the minority rule that a contract may be rescinded on the basis of a unilateral mistake under certain circumstances. Md. Cas. Co. v. Krasnek, 174 So. 2d 541, 542 (Fla. 1965). In Roberts Schaefer Co. v. Hardaway Co., 152 F.3d 1283, 1291 (11th Cir. 1998), the court explained, "Florida case law allows for application of the unilateral mistake doctrine where...mistake to his detriment." The Roberts Schaefer court also remarked that "application of the unilateral mistake doctrine is a matter of equity." Id...covered by the releases. In addition, Plaintiff contends that the general releases are voidable due to either mutual mistake or unilateral mistake. In addition, Plaintiff has filed a...

...bound under the "unilateral mistake" doctrine. Docs. 23; 27. Patterson is generally correct that courts in Alabama will not reform contracts where a mistake in the contract is.... Indeed, it's a doctrine used to prevent a party from using a unilateral mistake to change the terms of the actual contract. For example, in a case involving a clerical error which caused an insurance...application of the unilateral mistake doctrine. Gail Patterson did not do anything that warranted a change of her coverage under the terms of the policy. Likewise, MetLife did not commit an error in applying...

...filed a petition for a writ of certiorari, arguing that neither misrepresentation nor unilateral mistake furnished grounds for rescission of the settlement agreement under the circumstances of this case. The trial court stated that not only was there no intentional misrepresentation, but that in fact the limited partners had not "pressed" this argument. The appeal was authorized under the so-called "collateral order" doctrine. Clark...)." In the case at bar, acceptance of the limited partners' argument would similarly represent an extension of the unilateral mistake doctrine which would be inconsistent with our...contracts, is critical of the rule that rescission may be had for a unilateral mistake. . . . Nevertheless, Williston recognizes that . . . `* * * some cases afford countenance for the doctrine that...

... not applying the principles governing the unilateral mistake doctrine. Graber also presented substantial evidence that Comstock...requested that the 1984 agreement be reformed because it was materially different from the 1983 agreement and the changes were the result of a unilateral mistake, fraud and misrepresentation. Graber also...the other party suffers from a unilateral mistake. See Georgia Pacific Corp. v. Levitz, 716 P.2d 1057 (Ariz.Ct.App. 1986). Further, a...

...unilateral mistake. "Florida case law allows for application of the unilateral mistake doctrine where all of the following conditions are met: (1) the mistake 'goes to the substance of the agreement,' (2.... Plaintiff has also failed to direct the Court to any relevant cases where the doctrine of unilateral mistake was used to undermine a jury trial agreement. Plaintiff's argument is further...evidence presented, Plaintiff has failed to show that the doctrine of unilateral mistake applies. Accordingly, Plaintiff's motion to strike Defendant's jury trial demand is DENIED. [D.E. 105...

...., 704 So. 2d 669, 673 (Fla. 1st DCA 1997)). When one of the parties to a contract has made a unilateral mistake, Florida case law follows the minority rule and permits rescission of the contract. Roberts Schaefer Co. v. Hardaway Co., 152 F.3d 1283, 1295 (11th Cir. 1998); Md. Cas. Co. v. Krasnek, 174 So. 2d 541, 542-44 (Fla. 1965). For Florida's unilateral mistake doctrine to.... See Roberts Schaefer Co., 152 F.3d at 1291-92 (explaining that Florida courts have found that the first element of the unilateral mistake doctrine is...agreement to its detriment, and the third condition is met. Since all three conditions have been satisfied, Florida's unilateral mistake doctrine applies. A rescission is warranted...

...parol evidence rule and its adoption of the unilateral mistake doctrine show that this is not the case. As prior decisions of this very court — more, perhaps, than those of any other — demonstrate, it...relieved of her own, even unilateral error so long as the other side has not detrimentally changed its position in reliance on the mistake and it was not the result of an "inexcusable lack of due care...simply made a mistake in approving it. Unlike the majority of the states, Florida long ago established the salutary principle that, in the interests of justice, a contracting party may and should be...

...structure within which the common law has sanctioned courts in evaluating the fairness of an exchange is presented by the law of unilateral mistake. As our Supreme Court has recently restated that doctrine, it...). Arguably Professor Williston's formulation of this unilateral mistake doctrine forms one available structure for addressing the issues of this case...provides that: Generally, a party may rescind an agreement based on its unilateral mistake if the following conditions are met: (1) the enforcement...