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Error

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

A mistake in judgment or deviation from the truth in matters of fact, and from the law in matters of judgment. Error of fact will excuse the party acting illegally but honestly, in many cases, will avoid a contract in some instances, and when mutual will furnish equity with a ground for interference; Norton v. Marden, 15 Me. 45, 32 Am. Dec. 132; Wheadon v. Olds, 20 Wend. (N. Y.) 174; Eagle Bank of New Haven v. Smith, 5 Conn. 71, 13 Am. Dec. 37; Bond v. Hays, 12 Mass. 36. See Mistake; Ignorance. Error in law will not, in general, excuse a man for its violation. A contract made under an error in law is, in general, binding; for, were it not so, error would be urged in almost every case; Bisph. Eq. 187.

2 East 469.

See Storrs v. Barker, 6 Johns. Ch. (N. W. 249; 1 Y. & C. 232; 6 B. & C. 671. But a foreign law will for this purpose be considered as a fact; Norton v. Marden, 15 Me. 45, 32 Am. Dec. 132; Haven v. Foster, 9 Pick. (Mass.) 112, 19 Am. De^. 353; 2 Pothier, Obi. 369, etc.