Search results
Learn the difference between mistake of law and mistake of fact in the context of Indian Contract Act 1872. See examples, exceptions and case studies of how these mistakes affect the validity of contracts.
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.
Mar 14, 2019 · Mistake of Law. The Latin maxim ignorantia juris non excusat means that ignorance of the law is no excuse. Therefore under section 21 of the Indian Contract Act, 1872, a contract cannot be said to be voidable due to the mistake of the parties in understanding any laws that are in force in India.
Dec 20, 2019 · Section 20 and 22 of the Indian Contract Act deals with ‘Mistake of Fact’. Mistake of Fact is of three types: Bilateral mistake, Unilateral mistake and Common mistake. In the case of The State of Maharashtra vs Mayer Hans George, A is an officer of the court and he is ordered to arrest Y.
May 9, 2019 · Mistake of Facts. In general, the mistake of law is no defence to the violation of the law. It is presumed that all people know and understand the law of the land, except minors, lunatics or insane. There are few other rare exceptions to this rule.
- Krishnendra Joshi
Feb 23, 2023 · Learn the difference between mistake of law and mistake of fact, two legal defenses that a person accused of a crime may assert to have the charges dismissed or reduced. Find out when and how these defenses are applicable, and see examples of each.
A mistake of law occurs when a person misunderstands or is ignorant of the law as it exists. Unlike a mistake of fact, ignorance of the law is generally not a defense in criminal law. The maxim “ignorantia juris non excusat” (ignorance of the law excuses not) applies, meaning that everyone is presumed to know the law and cannot escape ...
