FORM 416.25. MODEL FORM OF VERDICT FOR AFFIRMATIVE DEFENSE—MUTUAL MISTAKE OF FACT
VERDICT
1.	Were [both] [all] parties mistaken about (insert description of mistake)?
	YES ..........	NO ..........
If your answer to question 1 is NO, you should not proceed further except to date and sign this verdict form and return it to the courtroom. If your answer to question 1 is YES, please answer question 2.
2.	Did (defendant) bear the risk of mistake?
	YES ..........	NO ..........
If your answer to question 2 is NO, your verdict on this issue is for defendant, and you should not proceed further except to date and sign this verdict form and return it to the courtroom. If your answer to question 2 is YES, your verdict is for claimant.
	[Insert further instructions regarding proceeding to additional questions, as appropriate.]
Notes on Use for form 416.25
1.	This model verdict form should be used in conjunction with Standard Jury Instruction—Contract and Business 416.25 (Affirmative Defense—Mutual Mistake of Fact).
2.	If circumstances warrant, then specific interrogatories may be submitted to the jury to determine whether the agreement assigned the risk to the defendant or defendant had only limited knowledge about the facts relating to the mistake but decided to proceed with the contract.