§ 1577. — 1577. (Enacted 1872.)

California § 1577.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.
• Part 2.: TITLE 1. NATURE OF A CONTRACT
• Ch. 3.: CHAPTER 3. Consent

Text

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.

Legislative History

Enacted 1872.