mistake of fact

A classic instance of a mistake of fact is where two persons believe they are married and in reliance of this fact, enter into a settlement agreement dealing with property. As the settlement agreement is premised on the existence of the marriage, it is void.

Money paid due to a mistake of fact may be recovered by the payer as with payment made under a mistake of law. 

Usage: The mistake of fact rendered the agreement void.

Related Words: mistake of fact; mistake of law; mutual mistake; unilateral mistake; contract; rectification; non est factum.