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A judge is a law student who marks his own examination papers.
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Legal Definitions - error in fact
Definition of error in fact
An error in fact refers to a misunderstanding or an incorrect belief about a factual matter that is relevant to a decision or action. It occurs when a person, a court, or an administrative body bases a judgment or takes a step on a mistaken understanding of the actual circumstances, rather than a misinterpretation of the law itself. This type of error pertains to the objective reality of a situation, and if the mistaken fact was significant, it can sometimes lead to a different legal outcome or excuse an action.
Example 1: Contract Dispute
A buyer purchases a rare coin from a dealer, believing it to be an authentic 18th-century piece based on the dealer's description and their own visual inspection. After the purchase, an independent expert examines the coin and determines it is a very convincing modern forgery. The buyer's decision to purchase the coin was based on an error in fact regarding the coin's authenticity and age. This factual mistake, if material to the contract, could potentially allow the buyer to seek remedies like rescinding the contract.
Example 2: Criminal Defense
During a hiking trip, a person hears rustling in dense bushes and sees a shape they reasonably believe to be a large, aggressive wild animal about to charge. In a panic, they fire a warning shot into the air. It turns out the shape was actually another hiker's dog playfully chasing a squirrel. The individual acted under an error in fact, believing they were in imminent danger from a wild animal. If this belief was reasonable under the circumstances, it might be relevant in evaluating any potential charges related to discharging a firearm.
Example 3: Administrative Decision
A local planning commission denies a permit for a new restaurant, citing concerns about insufficient parking spaces based on a report that mistakenly listed the property as having only five available spots. In reality, the property has twenty-five parking spaces, as confirmed by a later, accurate survey. The commission's decision was influenced by an error in fact regarding the number of available parking spaces. If this factual error was central to their denial, the restaurant owner might be able to challenge the decision and request a reconsideration based on the correct information.
Simple Definition
An error in fact refers to a mistaken belief or misunderstanding about a factual matter relevant to a legal situation. This type of error concerns the reality of a situation rather than an incorrect understanding of the law itself.