Unilateral Mistake - Law Dictionary Search Results
Home Dictionary Name: unilateral mistakeunilateral mistake
unilateral mistake see mistake ...
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 ...
Unilateral contract
Unilateral contract. When the party to whom an engagement is made makes no express agreement on his part the contract is called unilateral, even in cases where the civil law attached certain obliga-tions to his acceptance. A loan of money and a loan for use were of this kind, Civ. Law.A promise without consideration is of this nature if by deed it is prima facie enforceable. See CONSIDERATION....
Mistake apparent on the record
Mistake apparent on the record, A 'mistake apparent on the record' must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions. A decision on a debatable point of law is not a mistake apparent from the record. The power of the officers mentioned in s. 154 of the Income-tax Act, 1961 to correct 'any mistake apparent from the record' is undoubtedly not more than of the High Court to entertain a writ petition on the basis of an 'error apparent on the face of the record', T.S. Balram, Income Tax Officer v. M/s. Volkart Brothers, AIR 1971 SC 2204 (2206): (1971) 2 SCC 526: (1972) 1 SCR 30. (Income-tax Act, 1961, s. 154)(ii) For finding out whether there is a mistake apparent on the record, the authority has to look to the amended law and not to the law that was in force at the time the original order was made, Commercial Tax Officer v. Shri Venkateswara Oil Mills, AIR 1973 SC 13...
unilateral contract
unilateral contract see contract ...
Unilateral
Unilateral, one-sided.An organisation formed to negotiate with employers, on behalf of workers collectively, about job-related issues such as salary, benefits, hours and working conditions, Black's Law Dictionary, 7th Edn., p. 1532....
mistake of fact
mistake of fact see mistake ...
mistake of law
mistake of law see mistake ...
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