A unilateral mistake occurs when the non -mistaking party objectively knows that the mistaking party is making a mistake of fact. A defendant's motion to dismiss will be granted if the plaintiff admits that the plaintiff had actual knowledge that the defendant was attempting to commit a common law fraud. If the seller offers the buyer a cure consisting of non conforming goods which amounts to substantial performance, then the buyer must accept the cure or the seller's duty to perform is discharged. In contrast, contracts that may last more than one year may have all terms implied. Especially with respect to business transactions, in the U.S.A. the standard of ethical behavior is efficiency.
Efficiency requires profit maximization and cost minimization.
In the U.S.A. separation of powers the individual is the most powerful and the judiciary is the least powerful. The judiciary has its greatest power when protecting the individual.