Under contract law, a misunderstanding is an objective ambiguity where two parties to a contract are subjectively thinking of two different things. This can be used by a party to a contract as a defense against the formation of a contract.
Definition from Nolo’s Plain-English Law Dictionary
A mistake by both parties to a contract resulting in a failure of meeting of the minds. A misunderstanding between spouses at the time of marriage can serve as grounds for an annulment. For example, if one spouse went into the marriage wanting children while the other did not, they have a misunderstanding that might be judged serious enough for a court to annul the marriage.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:20 pm