Mis`take´ Pronunciation: mĭs`tāk´
|v. t.||1.||To take or choose wrongly. |
|2.||To take in a wrong sense; to misunderstand misapprehend, or misconceive; as, to mistake a remark; to mistake one's meaning.|
|3.||To substitute in thought or perception; as, to mistake one person for another.|
|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.|
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
, bonehead play
, clerical error
, clumsy performance
, false step
, faux pas
, get one wrong
, get wrong
, human error
, make a miscue
, make a mistake
, off day
, sad work
, strain the sense
, take for
, twist the words
, typographical error