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:

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Terms Used In North Dakota Code 9-03-13

  • Contract: A legal written agreement that becomes binding when signed.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

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.