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LSDefine

Simple English definitions for legal terms

Mistake

Read a random definition: FLRA

A quick definition of Mistake:

Definition: A mistake is when someone makes an error or has a wrong idea about something. In contract law, it happens when people don't understand each other or when one person believes something that is not true. This can lead to changes or cancellation of the contract. In criminal law, it can be used as a defense if someone didn't know the law or had the wrong information about a situation. Mistakes about facts can sometimes be a defense if they are reasonable.

A more thorough explanation:

Definition: A mistake is an error or misconception. In contract law, it refers to a situation where the parties did not mean the same thing when they agreed to a term or provision. It can also occur when at least one party held a belief that was factually or legally false. This can result in the contract being subject to modification or rescission. In criminal law, a defense that claims either a misconception of the law or some fact. The defense of mistaking the law almost never succeeds. Mistakes of fact can work as a defense more often, especially if they are reasonable.

  • Contract Law: If a person agrees to sell a car, but the buyer thinks they are buying a truck, there is a mistake in the contract. The contract may need to be changed or canceled.
  • Criminal Law: If a person is accused of stealing a car, but they thought it was their own car, they may have a defense of mistake of fact.

These examples illustrate how a mistake can occur in different areas of law. In contract law, a mistake can happen when the parties have different understandings of what they are agreeing to. In criminal law, a mistake can be a defense if the person did not have the knowledge or intent to commit a crime.

Missouri | Mistake of Fact

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