53-4-9. Mistake of fact defined.
74 words·~1 min read·
/sd/title-53/chapter-53-4/53-4-9A 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.