mistake


Also found in: Dictionary, Thesaurus, Medical, Idioms, Encyclopedia, Wikipedia.

Mistake

An unintentional act, omission, or error.

Mistakes are categorized as a Mistake of Fact, Mistake of Law, or mutual mistake. A mistake of fact occurs when a person believes that a condition or event exists when it does not. A mistake of law is made by a person who has knowledge of the correct facts but is wrong about the legal consequences of an act or event. A mutual mistake arises when two or more parties have a shared intention that has been induced by a common misbelief.

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: contract, rescission)

mistake

verb be deceived, be erroneous, be in the wrong, be misguided, be misled, be mistaken, blunder, bungle, commit an error, confuse, err, fall into error, get wrong, go amiss, go astray, go wrong, identify incorrectly, ignorare, labor under a misapprehension, misapprehend, miscalculate, misconceive, misconstrue, misidentify, misjudge, misread, misunderstand, name inaccuuately, put a false sense on, receive a false impression, reeeive a wrong impression, slip up, stumble
Associated concepts: excusable mistake, harmless error, mistake of fact, mistake of law, mistaken identity, mutual mistake, unilateral mistake
See also: catachresis, defect, err, error, expiration, failure, fallacy, indiscretion, lapse, misapplication, misapprehend, miscalculate, miscarriage, misconstrue, miscue, misdeed, misestimation, misinterpret, misjudge, misjudgment, misread, misstatement, misunderstand, oversight, wrong

mistake

a mental conception divergent from the true position. Civilian systems usually discuss the analogous idea of error . In law, mistake can be relevant. Generally a tougher attitude is taken in criminal law where accused persons may try to escape punishment simply by concocting a position based on their state of mind. Whether criminal or civil, more indulgence is given to mistake, of fact as opposed to error of law. ‘I didn't know the gun was loaded,’ is given more of a hearing than, ‘I didn't know it was a crime to kill someone.’ That said, in civil law, a more relaxed attitude can be seen in some errors of law since the late twentieth century.

Operative errors in crime include cases where an alleged rapist thought sex consensual or where a person defends themselves violently thinking their assailant has a knife when they have only a pen. Operative errors in the civil law of contract include where a seller thinks he is selling wheat and the buyer thinks he is renting computers; in family law where a person thinks they are at a fancy dress party but it is really a wedding. In both England and Scotland, the law of restitution allows money paid by mistake to be recovered. In England, in equity, and in Scotland by statute, the court has power to rectify written contracts that do not express the agreement of the parties, a power that in both jurisdictions is subject to detailed rules and qualifications.

MISTAKE, contracts. An error committed in relation to some matter of fact affecting the rights of one of the parties to a contract.
     2. Mistakes in making a contract are distinguished ordinarily into, first, mistakes as to the motive; secondly, mistakes as to the person, with whom the contract is made; thirdly, as to the subject matter of the contract; and, lastly, mistakes of fact and of law. See Story, Eq. Jur. Sec. 110; Bouv. Inst. Index, h.t.; Ignorance; Motive.
     3. In general, courts of equity will correct and rectify all mistakes in deeds and contracts founded on good consideration. 1 Ves. 317; 2 Atk. 203; Mitf. Pl. 116; 4 Vin. Ab. 277; 13 Vin. Ab. 41; 18 E. Com. Law Reps. 14; 8 Com. Digest, 75; Madd. Ch. Prac. Index, h.t.; 1 Story on Eq. ch. 5, p. 121; Jeremy's Eq. Jurisd. B. 3, part 2, p. 358. See article Surprise.
     4. As to mistakes in the names of legatees, see 1 Rop. Leg. 131; Domat, l. 4, t. 2, s. 1, n. 22. As to mistakes made in practice, and as to the propriety or impropriety of taking advantage of them, see Chitt. Pr. Index, h.t. As to mistakes of law in relation to contracts, see 23 Am. Jur. 146 to 166.

References in classic literature ?
That some kind of engagement had subsisted between Willoughby and Marianne she could not doubt, and that Willoughby was weary of it, seemed equally clear; for however Marianne might still feed her own wishes, SHE could not attribute such behaviour to mistake or misapprehension of any kind.
The author's mistake was pointed out to him, in the most obliging manner, by Robert Belt, Esq.
This great philosopher freely acknowledged his own mistakes in natural philosophy, because he proceeded in many things upon conjecture, as all men must do; and he found that Gassendi, who had made the doctrine of Epicurus as palatable as he could, and the vortices of Descartes, were equally to be exploded.
I'm sure the cook's ladled some salt water into it by mistake.
She was almost as far from believing as from wishing it to be sincere; for she had not forgotten that he could mistake, and his assertion of the offer and of her encouragement convinced her that his mistakes could sometimes be very egregious.
Anyhow, the mistake has been made and the only thing to do is to set it right.
It has been a mistake, and very likely our mistake.
He saw that instead of doing as he had intended--that is to say, warning his wife against a mistake in the eyes of the world--he had unconsciously become agitated over what was the affair of her conscience, and was struggling against the barrier he fancied between them.
But as you are proceeding upon a mistake, Ned-- altogether upon a mistake--I will conquer my repugnance to entering on such matters, and give you a perfectly plain and candid answer, if you will do me the favour to shut the door.
That was a great mistake of yours,' observed Louisa.
No mistake, sir,' returned John, turning the wrist backwards and forwards in the socket, for which it was rather tight.
Making no mistakes is what establishes the certainty of victory, for it means conquering an enemy that is already defeated.