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In every contract there are invariably a slew of legal terms and conditions that, regardless of the contract’s purpose, go unchanged and often unchecked by the contracting parties. These terms and conditions are often referred to as the contract’s “boilerplate” language. Most people don’t give these sections a second thought, and it’s typically a non-issue. That is, until they have a dispute and the contract is used as evidence in court. Since these terms can influence the outcome of a lawsuit, it’s worth knowing at least their general meaning, and whether they can be negotiated in your favor.
By Aaron Larson
In contract law , a mistake is an erroneous belief, at contracting , that certain facts are true.