Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Mistake
n. 1. An error, misconception, or misunderstanding; an erroneous belief. 2. Contracts. The situation in which the parties to a contract did not mean the same thing - or when one or both, while meaning the same thing, formed untrue conclusions about the subject matter of the contract - as a result of which the contract may be rendered void. Cf. FRUSTRATION.
bilateral mistake
See mutual mistake (1).
bilateral mistake.
See mutual mistake (1) under MISTAKE.
collateral mistake
See unessential mistake under MISTAKE.
common mistake
See mutual mistake (2).
essential mistake
Contracts. A mistake serious enough that no real consent could have existed, so that there was no real agreement.
inessential mistake
See unessential mistake under MISTAKE.
larceny of property lost, mislaid, or delivered by mistake
Larceny in which one obtains control of property the person knows to be lost, mislaid, or delivered by mistake (esp. in the amount of property or identity of recipient) and' fails to take reasonable measures to restore the property to the rightful owner. Model Penal Code ยง 223.5.
mistake of fact.
A mistake about a fact that is material to a transaction. - Also termed error in fact; error of fact.
mistake of law
A mistake about the legal effect of a known fact or situation. - Also termed error in law; error of law.
mutual mistake
1. A mistake in which each party misunderstands the other's intent. - Also termed bilateral mistake. 2. A mistake that is shared and relied on by both parties to a contract. ( A court will often revise or nullify a contract based on a mutual mistake about a material term. - Also termed (in sense 2) common mistake. "The term 'common mistake' is more usually, but less grammatically, referred to as 'mutual mistake'. Cheshire and Fifoot on Contract have made a heroic effort to introduce and establish the more correct term, and it does seem to be gaining ground. However, the beginner is warned that the term 'mutual mistake' is nearly always used by the Courts to mean what we here call 'common mistake'." P.S. Atiyah, An Introduction to the Law of Contract 190 n.7 (3d ed. 1981).
nonessential mistake
See unessential mistake under MISTAKE.
nonessential mistake.
See unessential mistake.
unessential mistake
See MISTAKE.
unessential mistake.
Contracts. A mistake that does not relate to the nature of the contents of an agreement, but only to some external circumstance, so that the mistake has no effect on the validity of the agreement. - Also termed inessential mistake; nonessential mistake; collateral mistake.
unilateral mistake
See MISTAKE.
unilateral mistake.
A mistake by only one party to a contract. ( A unilateral mistake is usu. not grounds to rescind the contract.