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 clerical mistake
2: an erroneous belief: as
a: a state of mind that is not in accordance with the facts existing at the time a contract is made and that may be a ground for the rescission or reformation of the contract
b: a misconception at the time of an offense alleged by a defendant
mistake of fact
1: a mistake regarding a fact or facts esp. that significantly affects the performance of a contract
2: a criminal defense that attempts to eliminate culpability on the ground that the defendant operated from an unintentional misunderstanding of fact rather than from a criminal purpose
mistake of law: a mistake involving the misunderstanding or incorrect application of law in regard to an act, contract, transaction, determination, or state of affairs; also: a criminal defense alleging such a mistake
◇ In both contract and criminal law a mistake of law is a weaker ground for relief or acquittal than a mistake of fact.
mutual mistake: a mistake common to both parties to a contract who were in agreement about the purpose or terms of the contract
reformed the contract because of a mutual mistake
unilateral mistake: a mistake on the part of one party to a contract that is usu. not a ground for rescission or reformation unless one party stands to profit or benefit improperly from the mistake
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.