Rescission

See Cal. Civ. Code § 1689 (“When party to a contract may rescind.”).

Rescission based on mutual mistake of fact. See Cal. Civ. Code § 1640 (“When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded.”).

A factual mistake by one party to a contract, or unilateral mistake, affords a ground for rescission in some circumstances.

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