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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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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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