Legal Term Dictionary

Some unintentional act, omission, or error arising from ignorance, surprise, Imposition, or misplaced confidence. Code Ga. s 3117; 1 Story, Eq. Jur. s 110. That result of ignorance of law or fact which has misled a person to commit that which, if he had not been in error, he would More...

Some unintentional act, omission, or error arising from ignorance, surprise, Imposition, or misplaced confidence. Code Ga. s 3117; 1 Story, Eq. Jur. s 110. That result of ignorance of law or fact which has misled a person to commit that which, if he had not been in error, he would not have done. Jeremy, Eq. Jur. 358. A mistake exists when a person, under some erroneous conviction of law or fact does, or omits to do, some act which, but for the erroneous conviction, he would not have done or omitted. It may arise either from unconsciousness, ignorance, forgetfulness, imposition, or misplaced confidence. Blsph. Eq. 1185. And see Allen v. Elder, 76 Ga. 677, 2 Am. St Rep. 63; Russell v. Cojyar, 4 Heisk. (Tenn.) 154; Peasley v. McFadden, 68 Cal. 611, 10 Pac. 179; Cummins v. Bulgin, 37 N. J. Eq. 476; Chicago, etc., R. Co. v. Hay, 119 111. 493, 10 N. E. 29; McLoney v. Edgar, 7 Pa. Co. Ct R. 29. 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 present existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed. Civ. Code Cal. s 1577. A mistake of law happens when a party, having full knowledge of the facts, comes to an erroneous conclusion as to their legal effect. It is a mistaken opinion or inference, arising from an imperfect or incorrect exercise of the judgment upon facts as they really are; and, like a correct opinion, which is law, necessarily presupposes that the person forming it is in full possession of them. The facts precede the law, and the true and false opinion alike imply an acquaintance with them. Neither can exist without it. The one is the result of a correct application to them of legal principles, which every man is presumed to know, and is called "law;" the other, the result of a faulty application, and is called a "mistake of law." Hurd v. Hall, 12 Wis. 124. Mutual mistake is where the parties have a common intention, but it is induced by a common or mutual mistake. Less...

A trade or calling. Cowell.

A trade or calling. Cowell. Less...

The proper style of the wife of an esquire or a gentleman in England.

The proper style of the wife of an esquire or a gentleman in England. Less...

An erroneous, Invalid, or nugatory trial; a trial of an action which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite.

An erroneous, Invalid, or nugatory trial; a trial of an action which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite. Less...

Abuse of an office or franchise. 2 Bl. Comm. 153.

Abuse of an office or franchise. 2 Bl. Comm. 153. Less...

Alleviation; abatement or diminution of a penalty or punishment imposed by law. "Mitigating circumstances" are such as do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree of moral culpability. See Heaton v. More...

Alleviation; abatement or diminution of a penalty or punishment imposed by law. "Mitigating circumstances" are such as do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree of moral culpability. See Heaton v. Wright 10 How. Prac. (N. Y.) 82; Wandell v. Edwards, 25 Hun (N. Y.) 500; Hess v. New York Press Co., 26 App. Div. 73, 49 N. Y, Supp. 894. -Mitigation of damages. A reduction of the amount of damages, not by proof of facts which are a bar to a part of the plaintiff B cause of action, or a justification, nor yet of facts which constitute a cause of action in favor of the defendant but rather facts which show that the plaintiff's conceded cause of action does not entitle him to so large an amount as the showing on his side would otherwise justify the jury in allowing him. 1 Suth. Dam. 226. Less...

Lat. The more favorable acceptation. Ml tin* imperanti melius paretur. The more mildly one commands, the better is he obeyed. 3 Inst. 24.

Lat. The more favorable acceptation. Ml tin* imperanti melius paretur. The more mildly one commands, the better is he obeyed. 3 Inst. 24. Less...

In French law. The Joint ownership of two neighbors in a wall, ditch, or hedge which separates their estates.

In French law. The Joint ownership of two neighbors in a wall, ditch, or hedge which separates their estates. Less...

An abolished judicial writ addressed to the treasurer and chamberlain of the exchequer to search for and transmit the foot of a fine acknowledged before justices in eyre into the common pleas. Reg. Orig. 14.

An abolished judicial writ addressed to the treasurer and chamberlain of the exchequer to search for and transmit the foot of a fine acknowledged before justices in eyre into the common pleas. Reg. Orig. 14. Less...

L. Fr. To put, to send, or to pass; as, mitter Vestate, to pass the estate; mitter le droit, to pass a right. These words are used to distinguish different kinds of releases.

L. Fr. To put, to send, or to pass; as, mitter Vestate, to pass the estate; mitter le droit, to pass a right. These words are used to distinguish different kinds of releases. Less...