§ 1578. — 1578. (Enacted 1872.)

California § 1578.

• 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 law constitutes a mistake, within the meaning of this Article, only when it arises from:
1.
A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law; or,
2.
A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify.

Legislative History

Enacted 1872.