The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1883-06-13
The Law of Mistakes.

The source of almost every lawsuit
is to be found in mistakes. These are
of two kinds-mistake of fact and
mistakes of law. Experience has
proved that the ablest men sometimes
make blunders, and the law has de-
cided that real mistake of fact in an
important part of a contract will eX-
cuse the party mistaken from per-
forming his part of the agreement.
For instance A man male con-
tract with oneice company and refused
to deal with another. When the bill
was presented he found that the latter
company had supplied his ice. He re-
fused to pay the bill, and it was de-
cided that the mistake freed him from
liability.
A horse was sold by trader and
paid for on the spot. While the trade
was going on the horse died. The
buyer brought suit for the money paid,
and it was decided it should be paid
back, since both parties had made a
mistake of fact in supposing the
horse to be alive when the trade was
ended.
If farmer intending to sell hay
sells oats by mistake insteal, he may
refuse to deliver the oats on that
ground. 1t sometimes happens that a
bill is paid by mistake with counter
felt bank notes. In such case the
payment is void and the receipt taken
is worthless.
A mistake in the quality of the
thing bargained for is no ground fol
breaking an agreement. If Il man
buys cheap thing, with the idea
that it will serve his purpose as well
as a more expensive article, he cannot
because he was mistaken, send it lack
and recover the money paid.
\ mistake of law Is no ground fol
refusing to carry out contract. This
rule is founded on the old maxim, zig
norance of the law doth not excuse
And every man is supposed to know
the law of the land he lives in.
Suppose a debtor gives his note
promising to pay a sum of money VIII
lawful interest, thinking that the lega
rate is seven per cent. If ten per cent
is the legal interest, his ignorance OF
the fact will not excuse.him from pay
ing the ten per cent.
When well known legal words are
used in contract, with a mistaken
idea of their legal meaning, they ar'
binding, in their legal sense, upon the
person using them.
If land is decided to a man and u
his heirs, he receives the estate abso
lutely, although both parties intended
that he should only have the estate
during his own life.
Some mistakes of law put an end tc
agreements on the ground that they
are rather mistakes of fact than OF
law. An executor of will pays
money to a person whom he thinks ii
an heir. If the supposed heir be al
, imposture, the money can be recoV
cred If, under complicated VIII,
person buys rights which are his al
} ready, he may get back what he pal'
for them.
Mistakes of law in civil cases onl.
cost money; but mistakes OF the GRIM
3 inal law have more serious effects, II
the loss of responsibility and reputa
, ton. Here the plea of Ignorance o
{ the law win not be accepted. A Grim
! inal must suffer the penalty of hi
deed though he thought it Lawful
l when he committed it.
Formerly an outlaw might be slail
by anybody; but if a private persol
! should now kill an outlaw, with a
5 idea that he had right TO do 50,
: would be punishable as murder
. Youths Companion.