28-2-409. What constitutes mistake of fact.
81 words·~1 min read·
/mt/title-28/chapter-2/part-4/28-2-409·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
28-2-409 . What constitutes mistake of fact. Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake and consisting in:
(1)an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or
(2)belief in the present existence of a thing material to the contract which does not exist or in the past existence of such a thing which has not existed.