If the RIC sets forth prices and those are obviously (as in a reasonable person would be aware) incorrect due to a clerical error, then generally the court would amend the contract so that it accurately reflects the true purchase price as listed on the store invoice. The reason for this is that there are certain elements required to have a binding contract:
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)
Meeting of the mind occurs when both parties have the same intent; so if property is delivered and that document shows the incorrect price, one would normally assume it was an error (because of the inconsistency with the contract and the invoice).
This is referenced as a Palpable Unilateral Mistake:
A unilateral mistake where the non-mistaken party either knew or should have known of the other party’s mistake which makes the contract voidable by the mistaken party.
It is similar to a "scrivener's error" where corrections are allowed so that the document reflects the true intent of both parties.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you.
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.