Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or, 2. Belief in... The Pacific Reporter - 第 132 頁1912完整檢視 - 關於此書
| Connecticut. Supreme Court of Errors - 1891 - 672 頁
...the interference of a court of equity, is defined by the civil code of New York as follows : — " Mistake of fact is a mistake, not caused by the neglect...duty on the part of the person making the mistake, and consisting in, 1st, an unconscious ignorance or forgetfulness of a fact past or present, material... | |
| California, California. Commission to Revise the Laws of California - 1871 - 894 頁
...granted. NYCC, Sec. 761. Mintako SEO. 1577. -Mistake of fact is a mistake, not caused bv of flirt. the neglect of a legal duty on the part of the person making the mistake, and consisting in— 1. An unconscious ignorance or forgetfulncas of a fact past or present, material... | |
| GEO. TUCKER BISPHAM - 1874 - 610 頁
...original position, or where the rights of bond fide purchasers, without notice, have intervened.2 190. A mistake of fact is a mistake not caused by the neglect of legal duty on the part of the person making the mistake, and consisting in an unconsciousness, ignorance,... | |
| Sir Thomas Wardlaw Taylor - 1875 - 640 頁
...much more liberally where the mistake is in matter of fact, than where it is in matter of law. 99. Mistake of fact, is a mistake not caused by the neglect of legal duty on the part of the person making the mistake, and consisting in an unconsciousness(e), ignorance^/,),... | |
| 1920 - 2100 頁
...other party to the contract jointly interested with such Party." Section 5854 provides as follows: "Mistake of fact Is a mistake not caused by the neglect...duty on the part of the person making the mistake and consisting in: "(1) An unconscious ignorance or forgetfulness of a fact past or present material... | |
| John Norton Pomeroy - 1882 - 844 頁
...the essential notions which I have attempted to explain, and are both accurate and comprehensive. " Mistake of fact is a mistake, not caused by the neglect...duty on the part of the person making the mistake, and consisting in: 1. An unconscious ignorance or forgetfulness of a fact past or present, material... | |
| 1886 - 528 頁
...case, the very definition of mistake of fact would preclude them from asking for equitable relief. ' A mistake of fact is a mistake not caused by the neglect of legal duty, on the part of the person making the mistake, and consisting in unconsciousness, ignorance... | |
| Abraham Clark Freeman - 1893 - 1056 頁
...response to these allegations of the answer, the court made the single finding that ** these mistakes were caused by the neglect of a legal duty on the part of plaintiff." Conceding that the facts set out by the an-f-wer in this regard constitute a good defense... | |
| California. Supreme Court - 1895 - 1104 頁
...purchaser, were occasioned by her own negligence, a finding by the court that " these mistakes were caused by the neglect of a legal duty on the part of the plaintiff," is not a finding of fact upon such allegations, but is a conclusion of law, and the failure... | |
| Abraham Clark Freeman - 1897 - 1062 頁
...of law: Gwynn T. Hamilton, 29 Ala. 233. Compare Champlin v. Laytin, 18 Wend. 407; 31 Am. Dec. 382. A mistake of fact is a mistake not caused by the neglect of legal duty on the part of the person making the mistake, and consisting In an unconsciousness, Ignorance,... | |
| |