9-03-13. Mistake of fact defined.
74 words·~1 min read·
/nd/title-09/chapter-9-03-consent/9-03-13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.