mistake of fact

mistake of fact
mistake of fact see mistake

Merriam-Webster’s Dictionary of Law. . 1996.

mistake of fact
n.
An error caused by ignorance or misconception of a fact.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


mistake of fact
An error that is not caused by the neglect of a legal duty on the part of the person committing the error but rather consists of an unconscious ignorance of a past or present material event or circumstance or a belief in the present existence of a material event that does not exist or a belief in the past existence of a material event that did not exist.

Dictionary from West's Encyclopedia of American Law. 2005.


mistake of fact
An error that is not caused by the neglect of a legal duty on the part of the person committing the error but rather consists of an unconscious ignorance of a past or present material event or circumstance or a belief in the present existence of a material event that does not exist or a belief in the past existence of a material event that did not exist.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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Look at other dictionaries:

  • 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… …   Ballentine's 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

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