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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.


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)


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


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 periodicals archive ?
On being questioned for the mistakes, Jaipur's District Education Officer Ratan S Yadav downplayed the situation, saying that there might be few printing mistakes.
Mistake Number 3: Believing that farmers are always rational and never behave irrationally and emotionally.
A party bears the risk of a mistake when [the parties' agreement assigned the risk to [him] [her] [it]]*[end strikethrough]
Mistake: "A mistake of mindset, so to speak, was my Type A personality taking over and wanting to plan every detail, know every outcome and intention when I was working with students to create programs, activities, or even book club meetings.
Getting their math problems wrong, making spelling mistakes in their English comprehension, being so careless as to miss an entire side of questions in their exam paper, losing their swimming kit, breaking their glasses and sometimes even their bones.
He would say, "What of people who commit such an action-" This way, he generally warned people of pitfalls while discreetly alerting the people involved in the mistake to repent and rectify their wrongdoing.
involvement was quite positive, but by the summer of 2004 a majority had decided that it was a mistake -- a quicker souring on the military action than had occurred in the 1960s after the nation's initial involvement in Vietnam.
In order for HMRC to apply the charge, the mistake must be "careless" or "deliberate".
As part of social emotional learning (SEL), we're equipping students with the knowledge they need to be able to get back up when students fall down, and teaching students to learn through their mistakes is a key component in developing those skills.
It would be too painful to go into detail about my mistake.
How many mistakes does Justin Bieber need to make before the argument "We all make mistakes" is no longer valid?
Under established constitutional law, a police officer's search or seizure premised on his mistake of law is typically held unconstitutional.