mistake

mistake
Some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. A state of mind not in accord with reality. A mistake exists when a person, under some erroneous conviction of law or fact, does, or omits to do, some act which, but for the erroneous conviction, he would not have done or omitted. It may arise either from unconsciousness, ignorance, forgetfulness, imposition, or misplaced confidence. Salazar v. Steelman, 22 Cal.App.2d 402, 71 P.2d 79, 82.
See also error
@ 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. A mistake of law happens when a party, having full knowledge of the facts, comes to an erroneous conclusion as to their legal effect. It is a mistaken opinion or inference, arising from an imperfect or incorrect exercise of the judgment, upon facts, Page v. Provines, 179 Okl. 391, 66 P.2d 7, 10; and necessarily presupposes that the person forming it is in full possession of the facts. The facts precede the law, and the true and false opinion alike imply an acquaintance with them. The one is the result of a correct application of legal principles, which every man is presumed to know, and is called "law;" the other, the result of a faulty application, and is called a "mistake of law." In criminal law, ignorance or mistake as to a matter of fact or law is a defense if:
(a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or
(b) the law provides that the state of mind established by such ignorance or mistake constitutes a defense. Model Penal Code, No. 2.04(1).
@
- unilateral mistake

Black's law dictionary. . 1990.

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Synonyms:
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Look at other dictionaries:

  • mistake — mis·take n 1: an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or relief by the court the court s power to revise a judgment because of fraud, mistake, or irregularity a… …   Law dictionary

  • Mistake — Mis*take (m[i^]s*t[=a]k ), v. t. [imp. & obs. p. p. {Mistook} (m[i^]s*t[oo^]k ); p. p. {Mistaken} (m[i^]s*t[=a]k n); p. pr. & vb. n. {Mistaking}.] [Pref. mis + take: cf. Icel. mistaka.] 1. To take or choose wrongly. [Obs. or R.] Shak. [1913… …   The Collaborative International Dictionary of English

  • mistake# — mistake vb Mistake, confuse, confound are comparable when they mean to mix up things, typically by taking one thing for another. One mistakes one thing for another when by an error of perception or of thought or as a result of a predisposition or …   New Dictionary of Synonyms

  • mistake — [mi stāk′] vt. mistook, mistaken or Obs. mistook, mistaking [ME mistaken < ON mistaka, to take wrongly: see MIS 1 & TAKE] 1. to understand or perceive wrongly; interpret or judge incorrectly [mistake someone s motives] 2. to tak …   English World dictionary

  • Mistake — Mis*take (m[i^]s*t[=a]k ), n. 1. An apprehending wrongly; a misconception; a misunderstanding; a fault in opinion or judgment; an unintentional error of conduct. [1913 Webster] Infallibility is an absolute security of the understanding from all… …   The Collaborative International Dictionary of English

  • Mistake — Mis*take , v. i. To err in knowledge, perception, opinion, or judgment; to commit an unintentional error. [1913 Webster] Servants mistake, and sometimes occasion misunderstanding among friends. Swift. [1913 Webster] …   The Collaborative International Dictionary of English

  • mistake — [n] error, misunderstanding aberration, blooper*, blunder, boo boo*, bungle, confusion, delusion, erratum, false move, false step, fault, faux pas, flub*, fluff*, gaffe, illusion, inaccuracy, inadvertence, lapse, misapplication, misapprehension,… …   New thesaurus

  • mistake — ► NOUN 1) a thing that is incorrect. 2) an error of judgement. ► VERB (past mistook; past part. mistaken) 1) be wrong about. 2) (mistake for) confuse (someone or something) with …   English terms dictionary

  • mistake — mis|take1 W2S2 [mıˈsteık] n 1.) something that has been done in the wrong way, or an opinion or statement that is incorrect →↑error mistake in ▪ We may have made a mistake in our calculations. ▪ a mistake in the law ▪ Ivan s work is always full… …   Dictionary of contemporary English

  • MISTAKE — A legal transaction requires that the making up of the mind (or the conclusive intention of the parties to close the bargain – gemirat ha da at) be demonstrated (see acquisition , Modes of). When it is apparent that one of the parties lacked such …   Encyclopedia of Judaism

  • mistake — mis|take1 [ mı steık ] noun count *** 1. ) something that you have not done correctly, or something you say or think that is not correct: make a mistake: I won t make the same mistake again! Don t worry, it s an easy mistake to make. correct a… …   Usage of the words and phrases in modern English

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