Question

Suppose the Pittsburgh Steelers, a professional football team, signs a starting quarterback, Rob. Rob had an excellent college football record and was highly sought after in the draft. However, prior to beginning playing with the Steelers, Rob visits a doctor for a physical because he has arm pain and the doctor later determines he can only kick field goals from now on. He requires surgery and will no longer be able to play quarterback. Rob seeks multiple opinions from other doctors, and they all agree. As a result, he can never play quarterback for the Steelers.

Suppose the facts of the case above indicate a mutual mistake by both parties. In the following questions, go through the elements of what a mutual mistake is and apply the three elements necessary for a mutual mistake to the case above.

1. Before a contract can be voided for a mutual mistake, you must consider three factors. What is the first element that must be present for a mutual mistake? How does that element apply to the case above?

2. What is the second element that must be present for a mutual mistake? How does that element apply to the case above?

3. What is the third element that must be present for a mutual mistake? How does that element apply to the case above?