| New Jersey. Court of Chancery - 1898 - 924 pages
...other party. * * * The scope and limitations of this doctrine may be summed up in the proposition that a misapprehension of the law by one party of which the others are aware at the time of entering into the transaction, but which they do not rectify, is a sufficient ground for equitable... | |
| New York (State). Commissioners of the Code - 1862 - 538 pages
...mistake, within the Mi»tage or meaning of this article, only when it arises from 1. A misapprehension of the law by all parties, all supposing that they...making substantially the same mistake as to the law;' 2. A misapprehension of the law by one party, of which the others are aware at the time of contracting,... | |
| New York (State). Commissioners of the Code - 1862 - 550 pages
...mistake, within the Mistake of law. meaning of this article, only when it arises from 1. A misapprehension of the law by all parties, all supposing that they...all making substantially the same mistake as to the law;1 2. A misapprehension of the law by one party, of which the others are aware at the time of contracting,... | |
| New York (State). Commissioners of the Code, New York (State). - 1865 - 896 pages
...Q. B., 531). 2-34 Mistake of foreign lawn. Mutuality of consent. consent. id. 1. A misapprehension of the law by all parties, all supposing that they...all making substantially the same mistake as to the law;1 or, 2. A misapprehension of the law by one party, of which the others are aware at the time of... | |
| California, California. Commission to Revise the Laws of California - 1871 - 894 pages
...law by all parties, all supposing that the}' knew and understood it, and all making *iib»ttintially the same mistake as to the law; or, 2. A misapprehension...party, of which the others are aware at the time of contracting, but which they do not rectify. tiote to Siibd. 1.—Many vs. Beekman Iron Co., 9 Paige,... | |
| California - 1876 - 612 pages
...article, only when it arises from : 1. A misapprehension of the law by all parties, all supposing th;,t they knew and understood it, and all making substantially...party, of which the others are aware at the time of contracting, but which they do not rectify. § 1579. Mistake of foreign laws is a mistake of fact.... | |
| 1881 - 1116 pages
...to deceive. " SEC. 1576. Mistake may be either of fact or law. "SEC. 1578. Mistake of law is: * * * 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 rect is fair to presume that the attorney of defendants' testator,... | |
| 1922 - 1152 pages
...controlling here. A mistake of law may be a sufficient ground for setting aside a contract where there is "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." Civ. Code, § 1578, subd. 2. In the case at bar, according... | |
| 1901 - 1156 pages
...mistake o'f law, within Civ. Code, § 1573, providing that a mistake of law arises from a misapprehension of the law by all parties, all supposing that they knew and understood it, and all mnking substantially the same mistake, and the law implies a promise on the part of the mortgagee to... | |
| 1915 - 1200 pages
...through mistake, defining a "mistake of law" as a misapprehension of the law by all the parties or by one party of which the others are aware at the time of contracting, and authorizing a party to rescind a contract where the consent of the party rescinding... | |
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