mistake of fact

mistake of fact
An active mistake, consisting in the belief of existence of a matter or thing which is nonexistent, or vice-versa, or a passive mistake, consisting of unconsciousness, ignorance, or forgetfulness of a fact material to the transaction. Kowalke v Milwaukee Electric R. & Light Co. 103 Wis 472, 79 NW 762. A ground for cancellation of an instrument whether the instrument relates to an executory agreement or to one that has been executed, providing it affects the substance of the contract and is not a mere incident of the agreement. Steinmeyer v Schroeptel, 226 Ill 9, 80 NE 564. As ground for relief in equity by reformation of instrument:–(1) an unconscious ignorance or forgetfulness of a fact past or present and material to the contract; or (2) a belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed. 45 Am J1st Reform Inst § 47. In the making of a payment:–a mistaken belief that the money was due the payee, when in truth it was neither legally nor morally due. 40 Am J1st Paym § 189.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • mistake of fact — see mistake Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. mistake of fact n …   Law dictionary

  • mistake of fact — law : a mistake other than a mistake of law …   Useful english dictionary

  • mistake — mis·take n 1: an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or relief by the court the court s power to revise a judgment because of fraud, mistake, or irregularity a… …   Law dictionary

  • payment under mistake of fact — A payment made by one person to another on the mistaken supposition of the existence of a specific fact which would entitle the other to the money, where the money would not have been paid if it had been known to the payer that the fact was… …   Ballentine's law dictionary

  • Mistake (contract law) — In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or… …   Wikipedia

  • MISTAKE — A legal transaction requires that the making up of the mind (or the conclusive intention of the parties to close the bargain – gemirat ha da at) be demonstrated (see acquisition , Modes of). When it is apparent that one of the parties lacked such …   Encyclopedia of Judaism

  • mistake — In law, a misunderstanding or erroneous belief about a matter of fact (mistake of fact) or a matter of law (mistake of law). In civil cases, mistake is particularly important in the law of contract Mistakes of law have no effect on the validity… …   Big dictionary of business and management

  • mistake — Some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. A state of mind not in accord with reality. A mistake exists when a person, under some erroneous conviction of law or fact, does, or …   Black's law dictionary

  • mistake — Some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. A state of mind not in accord with reality. A mistake exists when a person, under some erroneous conviction of law or fact, does, or …   Black's law dictionary

  • Mistake of law — Criminal defenses P …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”