mistake legal definition, law term - Dictionary of Law

Mistake - n. 1) an error in comprehending facts, meaning of words or the law, which causes one party or both parties to enter into a contract without understanding the obligations or results. Such a mistake can entitle one party or both parties to a rescission (cancellation) of the contract. A mistaken understanding of the law (as distinguished from facts) by one party only is usually no basis for rescission since "ignorance of the law is no excuse." 2) an error discovered to be incorrect at a later time.

Related Law Terms

admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
corporation :: n. an organization formed with state governmental ... ation public corporation securities
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract

Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder

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mistake :: legal definition

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Other Law Terms - M



Dictionaries Dictionary of Law	A B C D E F G H I J K L M N O P Q R S T U V W X Y Z mistake :: legal definition Mistake - n. 1) an error in comprehending facts, meaning of words or the law, which causes one party or both parties to enter into a contract without understanding the obligations or results. Such a mistake can entitle one party or both parties to a rescission (cancellation) of the contract. A mistaken understanding of the law (as distinguished from facts) by one party only is usually no basis for rescission since "ignorance of the law is no excuse." 2) an error discovered to be incorrect at a later time. See also: contract rescission and Related Law Terms ↓ Related Law Terms admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract corporation :: n. an organization formed with state governmental ... ation public corporation securities declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract Popular Law Searches legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment. chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - M M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder more terms, I said mooore!! quickly!
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