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Mistake

A legal mistake is an error about a key fact or law that can sometimes undo a contract or change the outcome of a criminal case.

What it actually is

In contract law, a mistake is a belief that is not in accord with the facts, and it may be mutual (both parties wrong) or unilateral (one party wrong). In criminal law, a mistake of fact can negate the required mental state for a crime, while a mistake of law generally does not excuse conduct. The term appears when a party asks the court to set aside an agreement or dismiss charges based on the error.

Why it matters in your case

If you can prove a material mistake existed when you signed a contract, the court may void or reform that contract, relieving you of obligations. In a criminal case, a genuine mistake of fact can be a complete defense if it shows you lacked the intent to commit the crime.

The common misunderstanding

Many people think any honest error, especially a mistake about the law, will excuse them, but courts rarely allow a mistake of law as a defense. A mistake must usually be about a fundamental fact, not a misunderstanding of legal rules.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court, we hold court rules for 28 states and the federal courts word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state, procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.