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Cal. Civ. Code § 1578

Consent

Applied in 19 court decisions — leading case 7 Cal. App. 3d 491 - Larsen v. Johannes (1970)

Most recently applied in Cuero v. Cate (March 2017)

Enacted 1872.

How often courts cite this section

190019201940196019802000201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Mistake of law constitutes a mistake, within the meaning of this Article, only when it arises from:

1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law; or,

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 rectify.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.