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Tag Archives: mutual mistake

Real Property – Reformation Action – Mutual Mistake – No Evidence of Grantee’s Mistake (access required)

Inland Harbor Homeowners Association, Inc. v. St. Josephs Marina, LLC : Even though plaintiff showed that it mistakenly conveyed 0.28 acres that it did not intend to convey to defendant, plaintiff failed to show that defendant shared in plaintiff’s mistake; therefore, plaintiff failed to make out a case for reformation of the deed on the basis of mutual mistake.

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Workers’ Compensation – Consent Order – Motion to Set Aside – Mutual Mistake – Average Weekly Wage – Mistake of Law (access required)

Brown v. City of Burlington Plaintiff sought to set aside a consent order based on a mutual mistake as to the amount of his average weekly wage. Under Swain v. C & N Evans Trucking Co., 126 N.C. App. 332, 484 S.E.2d 845 (1997), the determination of a plaintiff’s average weekly wage is a question of law because it requires application of the definition set forth in G.S. § 97-2(5).

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Contract – Affirmative Defense – Mutual Mistake – Reformation – Meeting of the Minds – Shared Customer List (access required)

Pagidipati Enterprises v. Laboratory Corp. of America Holdings In their asset purchase agreement (APA), the parties agreed that the defendant-buyer would make “earnout payments” based on its income from the plaintiff-seller’s former customers, although only a percentage of the income from shared customers would be considered in the calculation. The buyer admits that the APA, as written, requires it to make the earnout payments; however, the buyer seeks reformation of the APA based on a mutual mistake.

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Insurance – Auto – UM/UIM – Contract Reformation – Insured’s Name – Mutual Mistake (access required)

James v. First National Insurance Co. of America Plaintiff's insurance agent mistakenly filled out an auto insurance application in the name of plaintiff's father. Since plaintiff signed the application - including the uninsured/underinsured motorist coverage selection - in his own name, the trial court properly reformed the insurance policy to reflect plaintiff as the insured.

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