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NeCede's

Maxim 3.5.8

It is a general rule that ignorance of law prejudices, but not ignorance of fact.

Regulae generalis est quod omnis ignorantia legis praejudicat, non facti.

Source: Code 1, 18, 10; 2 Kent, Comm. 491; 4 Bl. Comm. 27 Difficulty 2/5 — Approachable

Explanation

This is the master rule from which the two branches — law and fact — flow. A mistake of law furnishes no ground to rescind agreements or reclaim money paid; a mistake of fact may.

Where this applies

  • Someone pays money under a mistaken understanding of the law and wants it back.
  • A person makes a business decision based on a factual error and seeks rescission.

Legal domains

contractequity

See also

Cite this maxim

NeCede Max. 3.5.8 — It is a general rule that ignorance of law prejudices, but not ignorance of fact. — Code 1, 18, 10; 2 Kent, Comm. 491; 4 Bl. Comm. 27 (Regulae generalis est quod omnis ignorantia legis praejudicat, non facti.)

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