material mistake


material mistake
A mistake substantially affecting the rights and obligations of the parties to an instrument. 45 Am J1st Reform Inst § 48. A mistake so great that the parties obviously did not act with knowledge of the true facts, since such would have defeated the very object of the transaction. Anno: 1 ALR2d 79.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • Mistake (contract law) — In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or… …   Wikipedia

  • mistake of fact — see mistake Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. mistake of fact n …   Law dictionary

  • mistake — mis·take n 1: an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or relief by the court the court s power to revise a judgment because of fraud, mistake, or irregularity a… …   Law dictionary

  • Mistake Crag — (62°9′S 58°11′W / 62.15°S 58.183°W / 62.15; 58.183) is a slightly bowed crag extending north from Cinder Spur and rising to about 90 m above the presently unnamed glacier on its west …   Wikipedia

  • Mistake Peak — (77°26′S 160°13′E / 77.433°S 160.217°E / 77.433; 160.217) is a snowy peak, about 2,600 m, rising 3 nautical miles (6 km) west southwest of Shapeless Mountain, at the south end …   Wikipedia

  • mistake — Some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. A state of mind not in accord with reality. A mistake exists when a person, under some erroneous conviction of law or fact, does, or …   Black's law dictionary

  • mistake — Some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. A state of mind not in accord with reality. A mistake exists when a person, under some erroneous conviction of law or fact, does, or …   Black's law dictionary

  • MISTAKE — A legal transaction requires that the making up of the mind (or the conclusive intention of the parties to close the bargain – gemirat ha da at) be demonstrated (see acquisition , Modes of). When it is apparent that one of the parties lacked such …   Encyclopedia of Judaism

  • mistake of fact — An active mistake, consisting in the belief of existence of a matter or thing which is nonexistent, or vice versa, or a passive mistake, consisting of unconsciousness, ignorance, or forgetfulness of a fact material to the transaction. Kowalke v… …   Ballentine's law dictionary

  • mutual mistake — see mistake Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. mutual mistake …   Law dictionary


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