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Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is differentiated from mistake of fact. There is a principle of law that "ignorance of the law is no excuse."
In common law jurisdictions, a misrepresentation is a false or misleading [1] statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract.
Mistake (contract law), an erroneous belief, at contracting, that certain facts are true Mistake in English contract law , a specific type of mistake, pertaining to England Mistake (criminal law) , or mistake of fact , a defense to criminal charges on the grounds of ignorance of a fact
The Criminal Code contains specific provisions dealing with ignorance and mistakes, which permits acquittal in cases of mistakes of fact but not of law. Further, it mandates that a mistake of fact need not be reasonable for the defense to be available, but allows a jury to consider whether a fact is unreasonable in determining whether the ...
Mistake of law is when a party enters into a contract without the knowledge of the law in the country. The contract is affected by such mistakes, but it is not void. The reason here is that ignorance of law is not an excuse. However, if a party is induced to enter into a contract by the mistake of law then such a contract is not valid. [3]
The sociology of law refers to both a sub-discipline of sociology and an approach within the field of legal studies. Sociology of law is a diverse field of study that examines the interaction of law with other aspects of society, such as the development of legal institutions and the effect of laws on social change and vice versa.
Although ignorance of the law, like other mistakes of law, is not a defence, a mistake of fact may well be, depending on the circumstances: that is, the false but sincerely held belief in a factual state of affairs which, had it been the case, would have made the conduct innocent in law.
Mistakes of fact have rarely been an adequate defense at common law. In the United States, 37 states have ruled out mistake of fact as a defense to charges of attempt. [ 2 ] Mistakes of law have proved a more successful defense.