MISTAKE OF FACT

A legal obligation does not occur because a fact that exists or that does not exist is forgotten, or ignored. If a mistake of fact occurs in court proceedings, the erring court must fix it. Any signed document that incorrectly records what the signatories intended may be fixed by a court if one of its signatories applies. Typically, a party to a contract will not be discharged from its obligations under the contract just because of a mistake in the contract’s terms. Also known as error of fact.

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