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DIVISION 3. OBLIGATIONS 1427-3272.9›PART 2. CONTRACTS 1549-1701›TITLE 1. NATURE OF A CONTRACT 1549-1615›CHAPTER 3. Consent 1565-1590

§ 1578

California Civil Code · 2018-11 edition · updated 2026-10-04 · California

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 law; or,

  2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify.

(Enacted 1872.)

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California Civil Code

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