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Simple English definitions for legal terms

Mistake of Fact

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A quick definition of Mistake of Fact:

Term: Mistake of Fact

Definition: Mistake of fact means having a wrong belief about something that is not related to the law. For example, thinking that a person is someone else or misunderstanding the meaning of a word. In criminal law, if a person makes a mistake of fact that is reasonable, it can be used as a defense. In contract law, if a mistake of fact is made, it may be possible to change or cancel the contract. However, if one party knows about the mistake and does not tell the other party, the court may rule against them.

A more thorough explanation:

Definition: Mistaken belief about something other than the law. This can include misunderstandings about the meaning of a word or the identity of a person.

In criminal law, a mistake of fact can be used as a defense if it is reasonable. Even an unreasonable mistake of fact might work as a defense for crimes that require specific intent.

In contract law, a mistake of fact can be a reason to cancel or change a contract. If one party interprets a term one way, but knows that the other party interprets it differently, they should bring it up before the contract is signed. If they don't, the court may interpret the term against the party who knew about the possible mistake.

Examples:

  • John buys a painting from a gallery, believing it to be an original work by a famous artist. Later, he finds out that it is a forgery. This is a mistake of fact, and John may be able to get his money back.
  • Sarah is accused of stealing a car. She thought it was her friend's car and didn't realize it was stolen. This is a mistake of fact, and Sarah may be able to use it as a defense in court.
  • Tom signs a contract to buy a car from a dealership. He thinks the contract says the car has a warranty, but it actually doesn't. This is a mistake of fact, and Tom may be able to cancel the contract or negotiate a new one.

These examples illustrate how a mistake of fact can affect different areas of law, such as property law, criminal law, and contract law. In each case, the person had a mistaken belief about something, which had legal consequences.

Mistake | Mistake of Law

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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