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Mistake

A legal mistake is an error about a key fact or law that can sometimes undo a contract or change the outcome of a criminal case.

What it actually is

In contract law, a mistake is a belief that is not in accord with the facts, and it may be mutual (both parties wrong) or unilateral (one party wrong). In criminal law, a mistake of fact can negate the required mental state for a crime, while a mistake of law generally does not excuse conduct. The term appears when a party asks the court to set aside an agreement or dismiss charges based on the error.

Why it matters in your case

If you can prove a material mistake existed when you signed a contract, the court may void or reform that contract, relieving you of obligations. In a criminal case, a genuine mistake of fact can be a complete defense if it shows you lacked the intent to commit the crime.

The common misunderstanding

Many people think any honest error—especially a mistake about the law—will excuse them, but courts rarely allow a mistake of law as a defense. A mistake must usually be about a fundamental fact, not a misunderstanding of legal rules.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.