单词 | mistake |
释义 | mis·take n 1: an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or relief by the court the court's power to revise a judgment because of fraud, ~, or irregularity a clerical ~ 2: an erroneous belief: as a: a state of mind that is not in accordance with the facts existing at the time a contract is made and that may be a ground for the rescission or reformation of the contract b: a misconception at the time of an offense alleged by a defendant mistake of fact 1: a mistake regarding a fact or facts esp. that significantly affects the performance of a contract 2: a criminal defense that attempts to eliminate culpability on the ground that the defendant operated from an unintentional misunderstanding of fact rather than from a criminal purpose mistake of law: a mistake involving the misunderstanding or incorrect application of law in regard to an act, contract, transaction, determination, or state of affairs; also: a criminal defense alleging such a mistake ◇ In both contract and criminal law a mistake of law is a weaker ground for relief or acquittal than a mistake of fact. mutual mistake: a mistake common to both parties to a contract who were in agreement about the purpose or terms of the contract reformed the contract because of a mutual mistake unilateral mistake: a mistake on the part of one party to a contract that is usu. not a ground for rescission or reformation unless one party stands to profit or benefit improperly from the mistake |
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