Legal Definitions - Mistake of Fact

A Mistake of Fact refers to an incorrect belief about a factual circumstance, as opposed to an incorrect understanding or interpretation of the law. This type of mistaken belief can sometimes have important legal implications, potentially affecting a person's criminal liability or the validity of a contract.

Here are some examples illustrating how a mistake of fact can arise in different legal contexts:

• In Criminal Law (Self-Defense):

  Imagine David is walking through a dimly lit park at night. He sees a person quickly approaching him from behind, reaching into their jacket. David, genuinely believing the person is about to attack him with a weapon, turns and shoves the individual away, causing them to stumble. It turns out the person was his friend, Alex, who was simply trying to tap him on the shoulder and was reaching for his phone to show David something.

  In this scenario, David made a mistake of fact regarding Alex's identity and intentions. If David were charged with assault, he might argue that his actions were taken in self-defense based on his reasonable, though mistaken, belief that he was in imminent danger. If his belief was genuinely held and reasonable under the circumstances, it could potentially negate the criminal intent required for an assault charge.

• In Contract Law (Sale of Goods):

  Consider a situation where a buyer agrees to purchase a rare coin from a seller. Both parties genuinely believe the coin is a genuine Roman artifact from the 2nd century AD, based on its appearance and historical records. They sign a contract for its sale at a price reflecting its perceived historical value. Later, an independent expert examines the coin and conclusively determines it is a very skillful modern forgery.

  Here, both the buyer and the seller shared a fundamental mistake of fact about the authenticity and origin of the coin, which was a central element of their agreement. Because this mistake concerned a core factual attribute of the item being sold, the buyer might have grounds to argue for the contract to be canceled (rescinded), as they would not have entered into the agreement had they known the true nature of the coin.