GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION – In General
Single Topic for Decision 1976E
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1404.01000 – In General
PERB recognizes legal significance of rescission based on mistake of fact only when: (1) mistake is unilateral and (2) rescission is raised as a defense to a bad faith bargaining charge. PERB does not recognize mutual mistake of fact as a defense to an unfair practice charge or as the source of an affirmative duty to bargain.