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Simply put, a unilateral mistake occurs when only one of the parties misinterprets the subject matter or meaning of the terms. A unilateral mistake occurs when only one party is mistaken as to the subject matter or the terms contained in the contract agreement.In states 2 and 3, the uninformed seller loses b₁ more than the buyer gains. The total expected surplus is. Unilateral mistake cases occur when one party is misinformed of a contract's specific terms and stipulations. A unilateral mistake is where only one party to a contract is mistaken about the terms or subject-matter contained in a contract. Unilateral mistake (where one party is mistaken and the other knows or ought to have known of the mistake). It will usually state something along the lines of the contract being a "complete and exclusive statement of the agreement. A unilateral mistake is mostly not considered a mistake. Mistake, accident, inadvertence, etc.