Lenawee County Board of Health v. Messerly, 417 Mich. 17, 331 N.W.2d 203 (1982)
In the realm of contract law, the doctrine of mutual mistake serves as a fundamental principle with the potential to void agreements where both parties share an erroneous belief about a key fact at the time of contract formation. 'Lenawee County Board of Health v.
Can a contract for the sale of property be rescinded on the grounds of mutual mistake when the mistake concerns the property's habitability and compliance with health regulations?
A mutual mistake will only justify rescission when the mistake is material, concerns a basic assumption upon which the contract was made, and has a material effect on the agreed exchange of performances. However, if the parties have allocated the risk of the mistake through the terms of the contract, rescission may not be an appropriate remedy.
The Michigan Supreme Court held that the contract could not be rescinded due to mutual mistake. The contract's 'as is' clause indicated that the buyers assumed the risk of any unknown defects, including those that pertained to code compliance and habitability.
The case is significant as it illustrates the limitations of using mutual mistake as a basis for rescission when contractual terms, such as an 'as is' clause, allocate risk. It underscores the necessity for parties to deeply understand and negotiate the terms in their agreements, especially when buying property. Such knowledge is crucial for parties involved in contract negotiations and highlights important considerations for law students studying contract law.