Montana Code 28-2-409. What constitutes mistake of fact
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28-2-409. What constitutes mistake of fact. 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:
Terms Used In Montana Code 28-2-409
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(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.