N.D. Cent. Code § 9-03-13 : — CONTRACTS AND OBLIGATIONS03 - CONSENT —03-13 - Mistake of fact defined

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.

N.D.C.C. § 9-03-13

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