Unilateral Mistake - Law Dictionary Search Results

Home Dictionary Name: unilateral mistake

unilateral mistake

unilateral mistake see mistake ...

mistake 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, , or irregularity] [a clerical ] 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 aff...

Mistake

Mistake, misconception, error.Money paid under a mistake of a material fact, as where a person discounts a forged bill, is recoverable (though a banker paying the forged cheque of a customer cannot charge the customer with the loss), and see Jones & Co. v. aring & Gillow Ltd., 1926 AC 670; but money paid under a mistake of law is ordinarily not recoverable, Holt v. Markham, (1923) 1 KB 504, though there is an exception in the case where an officer of a Court or a trustee in bankruptcy has received the money [Ex P. Simmonds, (1885) 16 QBD 308]. A contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law in force in India has the same effect as a mistake of fact. (The Indian Contract Act, 1872, s. 21)It is a common condition of the sale of land that any error or misdescription shall not vitiate the sale, and mayor may not be made the subject of compensation, and this condition applies whether an error complained of was discover...

unilateral

unilateral 1 : done or undertaken by one party [a mistake as to the terms] 2 : of, relating to, or affecting one side of a subject 3 : containing a promise to perform made by only one party esp. because the other has already performed (as by paying an amount) [an option contract is ] uni·lat·er·al·ly adv ...

rescind

rescind [Latin rescindere to cut loose, annul, from re- away, back + scindere to cut, split] vt 1 : to take back and make void [ed its suspension of his license] 2 : to abrogate (a contract or transaction) by mutual agreement, judicial decree, or unilateral declaration because of fraud, mistake, duress, misrepresentation, illegality, a breach, or another sufficient ground with both parties restored to their positions before the contract was made [denied that the other party had the right to the contract] compare cancel, terminate 3 : to make void by the same or by a superior authority [ a regulation] vi : to rescind something (as a contract) re·scind·able [-sin-də-bəl] adj ...

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