Sentences with phrase «mistake of fact»

Another ground to set aside a separation agreement is based on the concept of mutual mistake of fact.

Lawyers are frequently targeted by their clients for attorney fraud, legal malpractice, or lawyer malfeasance complaints because of a client's psychiatric disability, misunderstanding of the law, immense mistake of fact, and even outright extortion.

For example, an admission may be: based on incomplete evidence; induced by fraud or a genuine mistake of fact or law, perhaps offered in the confusion of the accident by one of the parties» involved — or simply made erroneously by an inexperienced representative.

The lawsuits, all separate filings, mirror one another in arguing the Walker agreement is «not enforceable because it is based upon a mutual mistake of fact.»

Legal justifications and defenses to criminal offenses in California may include self - defense or defense of another person, duress, mistake of fact, lack of required intent, mistaken identity, lack of required motive, or intoxication.

Giving his judgment, Martin Rodger QC said: «A mistake of fact made by the Valuation Tribunal need not be perpetuated.»

The Tribunal may treat a discriminatory agreement as less than consensual based on a power imbalance or a mistake of fact, or discriminatory in any event, as suggested in Duvall v. College of Dental Surgeons of British Columbia, 2011 BCHRT 236, and in Fossum v. Society of Notaries Public of British Columbia, 2011 BCHRT 310, as well as Gichuru v. Law Society of British Columbia, 2009 BCHRT 360.

If a magazine makes a mistake of fact, it should correct it.

The Court of Appeal held that where the adoption order has been made only where there is a fundamental procedural error can the order be overturned, but not where, here, the order may well have been based on a mistake of fact.

Bank of Scotland v. Formula Two Ltd [2011], Dartford County Court --(restitutionary claim to recover monies paid under a mistake of fact)

As for substance, Bank Mellat said that the direction was irrational, disproportionate and discriminatory; that the Treasury failed to give adequate reasons for making it, and that the Treasury's reasons were vitiated by irrelevant considerations and mistakes of fact.

In Dunkin Brands Canada Ltd. v. Bertico Inc., the Court of Appeal began its reasons with a dissection of the language used by the appellant in the factum, referring to «gross errors of law», evidence that was «almost completely ignored» and «blatant» mistakes of fact.

As a result, while the law is unclear as to when the human rights tribunal will decline to address a discriminatory process where a registrant has voluntarily agreed to it, the cases establish that a process will not be insulated from a human rights violation where the voluntary nature of an undertaking can be impugned through a power imbalance, or a mistake of fact.

The distinction between mistake of law and mistakes of fact is very fuzzy and it can be easy to confuse the two.

Instead, it appeared to undermine the voluntariness of the applicant's undertaking based on a mistake of fact:

The court applied the test adopted by the Supreme Court in B.M.P. Global Distribution Inc. v. Bank of Nova Scotia for monies paid under a mistake of fact.

The test is that if a person pays money to another under a mistake of fact which causes him to make the payment, he is prima facie entitled to recover it as money paid under a mistake of fact.

A mistake of fact essentially means you didn't have a warning to guide your conduct.

If you can prove your conduct was a «mistake of fact,» you can get out of your traffic ticket.

Another example of a «mistake of fact» is if you did not stop at the pedestrian crosswalk markers because they happened to be too faded for you to see.

A traffic ticket will be dismissed if it is deemed a «mistake of fact,» or simply a reasonable, honest error.

A good example of a «mistake of fact» is getting a traffic ticket for running a stop sign if a broken branch after a storm obscured the stop sign from sight.