Restatement (second) Contracts With Comments
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FAQ
Under the Restatement (Second) of Contracts analysis, a ?mistake? is a ?belief that is not in with the facts.? Restatement (Second) of Contracts § 151 (1981); Simonson v. Fendell, 101 Wn. 2d 88, 91, 675 P.
2nd Restatement of Contracts § 347, Comment B ? The 1st element that must be estimated in attempting to fix a sum that will fairly represent the expectation interest is the loss in the value to the injure party of the other party's performance that is caused by the failure of, or deficiency in, that performance.
10 "Section 75. Definition of Consideration. "(1) Consideration for a promise is "(a) an act other than a promise, or "(b) a forbearance, or "(c) the creation, modification or destruction of a legal relation, or "(d) a return promise, bargained for and given in exchange for the promise.
R2K §§ 73 [+ cmts. a, b, c, d] Performance of a legal duty owed to a promisor which is neither doubtful nor the subject of honest dispute is not consideration; but a similar performance is consideration if it differs from what was required by the duty in a way which reflects more than a pretense of bargain.
Under the Restatement (Second) of Contracts analysis, a ?mistake? is a ?belief that is not in with the facts.? Restatement (Second) of Contracts § 151 (1981); Simonson v. Fendell, 101 Wn. 2d 88, 91, 675 P.