Mistake

The Criminal Defense of Mistake

In many situations, a criminal defendant may wish to argue that he or she never intended to commit a
crime and that the criminal act that occurred was a result of a mistake of facts regarding the
circumstances of the crime or a misunderstanding concerning the law at the time. Such mistakes of fact
can be applied to a variety of criminal activities, but mistakes of law are only rarely allowed as
full defenses to criminal conduct.

Mistakes of Fact

Mistakes of fact arise when a criminal defendant misunderstood some fact that negates an element of
the crime. For instance, if an individual is charged with larceny but believed that the property he took
was rightfully his, this misunderstanding negates any intent to deprive another of the property. One
important qualification, however, is that this mistake of fact must be honest and reasonable. Thus, a
defendant cannot later claim that he or she was mistaken when he or she actually knew the situation.
Likewise, the mistake must be one that would appear reasonable to a judge or jury. If the same
individual was repeatedly told that the property was not his, and he could not take it, it would no longer
be reasonable for him to mistakenly have believed that he could rightfully take the property.

Mistakes of fact may apply to a variety of crimes. Some crimes may set forth that mistake of fact is a
defense. Otherwise, if the criminal defendant can prove that the mistake reasonably negated an
element of the crime, the defense will usually be held to apply and absolve the defendant of liability.

Mistake of Law

Mistake of law is a defense that the criminal defendant misunderstood or was ignorant of the law as it
existed at the time. The onus is generally placed on individuals to be aware of the laws of their state or
community, and thus this defense only applies in very limited circumstances. For example, while a
defendant will not be able to claim that he was not aware that murder was a crime, he may be able to
argue that he was not aware of some obscure traffic law.

Specifically, mistake of law can be used as a defense in four limited circumstances:

 When the law has not been published;

 When the defendant relied upon a law or statute that was later overturned or deemed
unconstitutional;

 When the defendant relied upon a judicial decision that was later overruled; or

 When the defendant relied upon an interpretation by an applicable official.

Additionally, the defendant’s reliance on any of these sources must have been reasonable, much like
mistake of fact. Thus, a defendant cannot claim that he was relying on a case from 200 years ago when it
is apparent that there have been subsequent developments in the law.

It is also important to note that, while reliance on an interpretation of an official may include judges or
federal or state agencies, it does not include reliance on the statements of a private attorney. It is
therefore important to ensure that any attorney from whom you obtain advice is knowledgeable and
trustworthy.

A Look at Mistake of Fact

Imagine that you want to buy a house with a piece of property from Bob. Bob believes he owns the
house plus the adjacent property. Both of you enter into an agreement for you to purchase the
property. However, later investigation reveals that while Bob owns the house, he does not own the
adjacent property. This is an example of a mistake of fact.

A mistake of fact is a material error in the facts or circumstances surrounding a contract. In addition, the
mistake of fact is not made intentionally; it's simply a genuine error. The mistake of fact can make the
contract void and can allow parties to escape liability. When both parties make the mistake of fact, the
contract will typically be cancelled by the court. However, when there is just one party who makes a
mistake, this determination fluctuates, and the decision is made by the court.

Form

The form of a mistake of fact varies. The mistake can occur in numerous ways. Some ways the mistake
occurs is by failure to do an investigation or to neglect the critical facts. The key component to a mistake
of fact case is that the mistake was unintentional and a material part of the agreement.

Cases

One famous case called Sherwood v. Walker involved mistake of fact. In this 1887 case, two parties
entered into agreement for the sale of a cow. Both parties thought that the cow was barren, and
therefore, the price of the cow was set. However, it turned out that the cow was pregnant, which meant
that the value of the cow would be much higher.

The two parties in the case went to court, and the court decided that this was a mistake a fact. The
contract was excused because both parties unknowingly contracted for a barren cow at a lower price
than the pregnant cow was worth.

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