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NeCede's

Maxim 3.5.3

Ignorance of fact excuses.

Ignorantia facti excusat.

Source: 2 Co. 3b; 2 Kent, Comm. 491; Code 1, 18, 10; Broom, Max. 253; Weisman, 57c; Weisman, 57d Difficulty 1/5 — Foundational

Explanation

Acts done and contracts made under a material mistake of fact are voidable. The distinction between ignorance of law (no excuse) and ignorance of fact (grounds for relief) is fundamental.

Where this applies

  • Someone enters a contract based on false information about the property.
  • A buyer purchases a car believing it has never been in an accident, but it has.

Topics

Ignorance

Legal domains

contractequity

See also

Cite this maxim

NeCede Max. 3.5.3 — Ignorance of fact excuses. — 2 Co. 3b; 2 Kent, Comm. 491; Code 1, 18, 10; Broom, Max. 253; Weisman, 57c; Weisman, 57d (Ignorantia facti excusat.)

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