Melvin A. Eisenberg,
Mistake in Contract Law, 91
Cal. L. Rev.
Available at: http://scholarship.law.berkeley.edu/facpubs/1695
Develops the legal rules that should govern mistake in contract law on a functional basis. Types of mistake that are relevant in contract law on the basis of their character; Reasons of efficiency and morality that apply to cases in which a non-mistaken party knew or had reason to know that a payment was mistakenly made; Distinction between mistaken factual assumptions and evaluative mistakes.