Solicitors & Lawyers
Legal Meanings
Term: mistake of fact
1.
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.
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