التفاصيل البيبلوغرافية
| العنوان: |
MISTAKE OF FACT AS A GROUND FOR AFFIRMATIVE EQUITABLE RELIEF. |
| المؤلفون: |
Abbot Jr., Edwin H. |
| المصدر: |
Harvard Law Review. Jun1910, Vol. 23 Issue 8, p608-626. 19p. |
| مصطلحات موضوعية: |
*FRAUD, MISTAKE (Law), EQUITY (Law), EQUITABLE remedies (Law), LAW & fact, LEGAL research |
| مستخلص: |
This article presents the author's views on the issue of taking mistake of fact as a ground for affirmative equitable relief. According to the author, equity in a proper case, will relieve from mistake. Mistake may be a ground for affirmative relief. It may be a defense to specific performance. As a ground for affirmative relief, mistake is often placed in the same category with accident and fraud. Mistake of law is to be distinguished from mistake of fact. A mistake of law arises when a party is accurately informed, either actually or constructively, of the facts, but reaches an erroneous conclusion with respect to the legal rights growing out of those facts. A mistake of fact arises when a party forms a conception of the facts which differs from the facts as they really exist. |
| قاعدة البيانات: |
Business Source Index |
View record in JSTOR 
Full Text Finder