Ignorance

Want of knowledge or information, whether of a matter of fact or of a matter of law. See Illiterate. Ignorance of a particular fact consists in this, that the mind, capable of healthy action, has never acted upon the fact, because the subject has never been brought to the notice of the perceptive faculties.' Voluntary ignorance. Exists when one by reasonable exertion might have acquired knowledge. Involuntary ignorance doesnot proceed from choice; could not be overcome by the use of any known means. Ignorance of a fact sometimes excuses; ignorance of law, never. In the law of crimes, ignorance of a fact is regarded as a defect of will. It occurs where a man intending to do a lawful act does that which is unlawful: the deed and the will do not concur.'

See Guilty.

— If ignorance of what one might know were admitted as an excuse, the laws would become of no effect.* See Prescribe. "If ignorance of the law was admitted as a ground of exemption, the courts would be involved in questions which it were scarcely possible to solve, and which would render the administration of justice next to impossible;

— for in almost every case ignorance would be alleged, and, for the purpose of determining the point, the court would be compelled to enter upon questions of facts insoluble and indeterminable."

So, if a person will not read or does not know what he signs, or is misinformed as to the effect, he alone isresponsible.^ The maxim that " ignorance of the law excuses no one " is not universally applicable, but only when damages have been inflicted or crimes committed. ^ When parties have acted under a mutual mistake of law, and the party jeopardized can be relieved without substantial injustice to the other side, a court of equity will afford redress, especially if the one to be benefited by the mistake invokes the aid of equity to put him m a position where the mistake will become advantageous to him.'

1 Brown v. Kingsley, 38 Iowa, 221 (1874). "Boylan v. Meeker, 28 N. J. L. 279 (1860). s 4 BI. Com. 27. « 1 Bl. Com. 46. 'Upton V. Tribilcook, 91 U. S. 50-51 (1875), cases. Hunt, J. See also Hunt v. Rhodes, 1 Pet. 1, 13-lS (1828); 17 Cent. Law J. 422-37(1883), cases; 18 id. 7-10 (1884), cases; 2 Flip. 116; 3 Col. 555; 13111. 395; 60 Md. 335; 50 Mich. 551, 594; 23 Miss. 124; 76 Va. 315; 62 Wis. 332; 1 Johns. Ch. 515; 2 id. CO; 6 id. 170; Bisp. Eq. § 187; 1 Story, Eq. Ch. V; 2 Pomeroy, Eq. §§ 838-71. « Brock V. Weiss, 44 N. J. L- 244 (1882), cases.

When a party in one State makes a contract with direct reference to the law of another State, he will be held to know the law Of the latter State.' See Law, Foreign. ' See also Estoppel; Ignorari; Inquiry, 1; Knowi/-