Difference between mistake of fact and mistake of law has been discussed as;
Mistake of Fact |
Mistake of Law |
---|---|
The meaning of mistake of fact has been provided under sections 20 and 22 of the Indian Contract Act, 1872. | The meaning of mistake of law has been provided under section 21 of the Indian Contract Act, 1872. |
In the mistake of fact, one or both the contracting parties to the agreement are under mistake as to the matter of fact that is essential to an agreement. | In the mistake of law, one or both the contracting parties to the agreement are under mistake as to the matter of law that is essential to an agreement. |
Ignorantia facti excusat, which means the ignorance of fact is excusable. | Ignorantia juris non-excusat which means ignorance of the law is not excusable. |
In the mistake of fact, the criminal liability of the parties is not absolute as an exception under sections 76 and 79 of the Indian Penal Code, 1872 | In the mistake of law, the criminal liability of the parties is absolute. |
In the mistake of fact, the civil liability of the parties is absolute. |
In the mistake of law, the civil liability of the parties is absolute. |
Referred Books:
- Law of Contract - Bare Act 2021 Edition Professional
- The Indian Contract Act 1872 Bare Act 2021 Edition
- Law of Contract & Specific Relief Dr Avtar Singh Latest Edition-2020
- Pollock & Mulla - The Indian Contract Act, 1872
- CONTRACT Paper I - By R.K. Bangia [Edtion 2019 - 2020]
- CONTRACT Paper-II - By R. K. Bangia
- NOTES ON INDIAN CONTRACT ACT 1872: BEST NOTES FOR LAW STUDENTS