|v. t.||1.||To take or choose wrongly.|
|2.||To take in a wrong sense; to misunderstand misapprehend, or misconceive; |
|3.||To substitute in thought or perception; |
|4.||To have a wrong idea of in respect of character, qualities, etc.; to misjudge.|
|v. i.||1.||To err in knowledge, perception, opinion, or judgment; to commit an unintentional error.|
|n.||1.||An apprehending wrongly; a misconception; a misunderstanding; a fault in opinion or judgment; an unintentional error of conduct.|
|2.||(Law) Misconception, error, which when non-negligent may be ground for rescinding a contract, or for refusing to perform it.|
|Noun||1.||mistake - a wrong action attributable to bad judgment or ignorance or inattention; "he made a bad mistake"; "she was quick to point out my errors"; "I could understand his English in spite of his grammatical faults"|
|2.||mistake - an understanding of something that is not correct; "he wasn't going to admit his mistake"; "make no mistake about his intentions"; "there must be some misunderstanding--I don't have a sister"|
|3.||mistake - part of a statement that is not correct; "the book was full of errors"|
|Verb||1.||mistake - identify incorrectly; "Don't mistake her for her twin sister"|
|2.||mistake - to make a mistake or be incorrect|
MISTAKE, contracts. An error committed in relation to some matter of fact
affecting the rights of one of the parties to a contract.
2. Mistakes in making a contract are distinguished ordinarily into, first, mistakes as to the motive; secondly, mistakes as to the person, with whom the contract is made; thirdly, as to the subject matter of the contract; and, lastly, mistakes of fact and of law. See Story, Eq. Jur. Sec. 110; Bouv. Inst. Index, h.t.; Ignorance; Motive.
3. In general, courts of equity will correct and rectify all mistakes in deeds and contracts founded on good consideration. 1 Ves. 317; 2 Atk. 203; Mitf. Pl. 116; 4 Vin. Ab. 277; 13 Vin. Ab. 41; 18 E. Com. Law Reps. 14; 8 Com. Digest, 75; Madd. Ch. Prac. Index, h.t.; 1 Story on Eq. ch. 5, p. 121; Jeremy's Eq. Jurisd. B. 3, part 2, p. 358. See article Surprise.
4. As to mistakes in the names of legatees, see 1 Rop. Leg. 131; Domat, l. 4, t. 2, s. 1, n. 22. As to mistakes made in practice, and as to the propriety or impropriety of taking advantage of them, see Chitt. Pr. Index, h.t. As to mistakes of law in relation to contracts, see 23 Am. Jur. 146 to 166.