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DIVISION 3. OBLIGATIONS 1427-3273›PART 2. CONTRACTS 1549-1701›TITLE 1. NATURE OF A CONTRACT 1549-1615›CHAPTER 3. Consent 1565-1590

§ 1577

California Civil Code · 2020-11 edition · updated 2026-10-04 · California

Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in:

  1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or,

  2. Belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.

(Enacted 1872.)

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California Civil Code

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