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Legal Definitions - error in fact
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Definition of error in fact
Definition: Error in fact refers to a mistake or misunderstanding about a fact or situation that is material to a transaction or agreement. It can occur when one or both parties have a belief that does not correspond to the facts or law.
Examples:
- John sells his car to Jane, believing it has 50,000 miles on it when it actually has 100,000 miles. This is an error in fact.
- Tom signs a contract to buy a house, believing it has a swimming pool when it actually does not. This is also an error in fact.
These examples illustrate how an error in fact can occur when one party has a mistaken belief about a material fact that affects the transaction or agreement. In both cases, the mistaken belief could have led to a different outcome if the parties had known the true facts.
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Simple Definition
Error in fact is when someone makes a mistake about something important in a deal or agreement. This mistake can make the deal not fair or not workable. It's different from a mistake about what the law says. If both people in the deal make the same mistake, it's called a mutual mistake. If only one person makes the mistake, it's called a unilateral mistake. Sometimes, if there is a mistake, the deal can be cancelled or changed.
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