§ 9-03-13 — Mistake of fact defined

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.