330. Affirmative Defense--Unilateral Mistake of Fact Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that there was no contract because [he/she/it] was mistaken about [insert description of mistake]. To succeed, [name of defendant] must prove all of the following: 1. 2. 3. 4. That [name of defendant] was mistaken about [insert description of mistake]; That [name of plaintiff] knew [name of defendant] was mistaken and used that mistake to take advantage of [him/ her/it]; That [name of defendant]'s mistake was not caused by [his/ her/its] excessive carelessness; and That [name of defendant] would not have agreed to enter into the contract if [he/she/it] had known about the mistake. If you decide that [name of defendant] has proved all of the above, then no contract was created. ___________________________________________________________________________ New September 2003; Revised April 2004