 | New York (State). - 1885 - 422 Seiten
...article, only when it arises from : 1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially...time of contracting, but which they do not rectify. 8 994. Mistake of foreign laws is a mistake of fact. Mistake oi foreign laws. § 995. Consent is not... | |
 | 1899 - 1158 Seiten
...party. * * • ihe scope and limitations of this doctrine may be summed up in the proposition that a misapprehension of the law by one party, of which the others are aware at the time of entering Into the transaction, but which they do not rectify, Is a sufficient ground for equitable... | |
 | John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1891 - 1354 Seiten
...misapprehension of the law by all parties, all supposing that they knew and understood it and all making the same mistake as to the law; or (2) a misapprehension...time of contracting, but which they do not rectify. Civ. Code Cal., § 1578. 1. Nabours v. Cocke, 24 Miss. 44; Rankin v. Mortimere, 7 Watts (Pa.)372; Oswald... | |
 | 1898 - 932 Seiten
...misapprehension of the law by all parties, all supposing that they knew and understood it and all making the same mistake as to the law; or (2) a misapprehension...time of contracting, but which they do not rectify. 1") Am. & Eng. Enc. Law, p. 635, note; United States v. Barlow, 132 US 271, 33 L. ed. 346, notes. Where... | |
 | John Norton Pomeroy - 1899 - 940 Seiten
...mistake only when it arises from, — 1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially...at the time of contracting, but which they do not rectify."1 " Mistake of foreign law is a mistake of fact." * § 840. II. Varions Kinds of Mistakes... | |
 | California. Commission for Revision and Reform of the Law - 1899 - 586 Seiten
...that they knew and understood it, and all making substan5 tially the same mistake as to the law; or, 6 2. A misapprehension of the law by one party, of which the 7 others are aware at the time of contracting, but which they do 8 not rectify. Mistake of foreign... | |
 | California. Legislature - 1899 - 575 Seiten
...that they knew and understood it, and all making substan5 tially the same mistake as to the law; or, 6 2. A misapprehension of the law by one party, of which the 7 others are aware at the time of contracting, but which they do 8 not rectify. Mistake of foreign... | |
 | James Henry Deering - 1900 - 892 Seiten
...involving a mistake of law, involves a misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law, within section 1578 of the Civil Code; and regarding the receipt as a general release, it could not,... | |
 | Abraham Clark Freeman - 1901 - 1064 Seiten
...Code defines a mistake of law to be: "1. A misapprehension of the law by all parties, all supposing they knew and understood it, and all making substantially the same mistake as to the law." The mistake, as to which statute governed the right of redemption in that particular case, waa one... | |
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Mistake of law constitutes a mistake, within the meaning of this article, only when it arises from: 1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the... 
