Mistake of fact defined.

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53-4-9. 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.

Source: CivC 1877, §888; CL 1887, §3512; RCivC 1903, §1206; RC 1919, §821; SDC 1939, §10.0312.


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