DiscussWorldIssues - Socio-Economic Religion and Political Uncensored Debate - View Single Post - Was the landlord in the wrong or did he have the right to change his mind

**BrianGoldsmith** · 11-30-2010, 11:44 PM

Well from my law class I would say they had a legally binding contract and this was a unilateral mistake of fact, meaning only one party was mistaken. The only way he could be relieved from the contract is if he could prove that they knew he made the mistake at the time the contract was drafted and went along with it anyways. So for example if he had said "your dog is fine, but i never allow pit bulls" they would know he was mistaken and would be held responsible and he could breach the contract without punishment.

If they were both mistaken then he would be able to rescind the contract. But in my opinion only one party was mistaken. They agreed that he would allow American Staffordshire Terriers and he was mistaken about the breed. Had they agreed that "pit bulls" were allowed and he meant APBTs and she meant AmStaffs that would be a mutual mistake. I don't think that's the nature of what happened here.

So no, legally, he can not change his mind.

But to be honest, if it were me I would probably agree to cancel it and leave just so I didn't have to deal with the guys BS.

11-30-2010, 11:44 PM	#20
BrianGoldsmith Join Date Oct 2005 Posts 479 Senior Member	Well from my law class I would say they had a legally binding contract and this was a unilateral mistake of fact, meaning only one party was mistaken. The only way he could be relieved from the contract is if he could prove that they knew he made the mistake at the time the contract was drafted and went along with it anyways. So for example if he had said "your dog is fine, but i never allow pit bulls" they would know he was mistaken and would be held responsible and he could breach the contract without punishment. If they were both mistaken then he would be able to rescind the contract. But in my opinion only one party was mistaken. They agreed that he would allow American Staffordshire Terriers and he was mistaken about the breed. Had they agreed that "pit bulls" were allowed and he meant APBTs and she meant AmStaffs that would be a mutual mistake. I don't think that's the nature of what happened here. So no, legally, he can not change his mind. But to be honest, if it were me I would probably agree to cancel it and leave just so I didn't have to deal with the guys BS.
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