Difference Between Mistake of Fact And Mistake of Law
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Difference Between Mistake of Fact And Mistake of Law

difference between mistake of fact and mistake of law, difference between mistake of law and mistake of fact,

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:

Akash is a YouTuber by Hobbie and Blogger by Passion. He Loves to spread information that helps others to live in this legal world.

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