Mistake

There is a large body of decisions upon the extent and limits of the power of courts of equity to grant relief in cases of mistake; they, however, do not change the meaning of the word from its vernacular one of an error, an act done in ignorance, a misconception. The true bearing of the decisions mentioned is, not that the word mistake has any peculiar meaning in equity jurisprudence, but that only a limited class or kind of mistakes are subjects of equitable relief. Likewise, in criminal law, proof that an act apparently a violation of law was done under influence of a mistake may excuse the perpetrator from punishment; for it disproves any criminal intent. The course of decisions on this subject do not, properly considered, assign any technical meaning to mistake, but limit the character of the mistake which will exempt from punishment. Generally speaking, the mistake which entitles a person to relief in equity or to excuse from penalties is some mistake of fact; error as to the law is not regarded.