Is a contract void if it is concluded based on a common and mistaken assumption as to the existing facts?
British Columbia, Canada
The following excerpt is from Le Soleil Hotel & Suites Ltd. v. Le Soleil Management Inc., 2009 BCSC 1303 (CanLII):
A contract is void if it is concluded based on a common and mistaken assumption as to the existing facts: Seppanen v. Seppanen, [1991] B.C.J. No. 2165 (S.C.). The doctrine of mistake does not apply, however, where the parties have allocated the risk of a particular eventuality.
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