The trial court did not abuse its discretion in finding that the parties made a mutual mistake of law and fact in believing that they had entered into a land installment contract; the trial court did not err in concluding that the contracts were not land installment contracts and in concluding that there was no meeting of the minds regarding the boundaries of the property; because there was no valid, enforceable contract, the doctrines of part performance and estoppel were inapplicable. land installment contract; forcible entry and detainer; mutual mistake; meeting of the minds; estoppel; fair rental value; land contract purchase agreement; witness credibility; abuse of discretion; contract; doctrine of part performance; rescission; out of pocket expenditures; benefit of the bargain; sp...
The erosion of the defense of mistake in fact to a charge of rape and the development of the rule of equivocality results from growing judicial discomfort with an expansion of this defense. The rule of equivocality revives, in inverted form, the legal rules repudiated by rape reform law of the last two decades. The mistake defense is limited by requiring that a mistake be both genuine and reasonable and this is sufficient education to sexual actors about acceptable behavior without subverting fundamental criminal law and procedure. This limitation prevents rampant use of the mistake defense without the rule of equivocality.
... company acknowledged that the debt had in fact been paid, Carlisle withdrew the suit. Jerman then... or factual errors, but extends to mistakes of law. Held: The bona fide error defense in §16...
Perhaps, just perhaps, the Maine Democratic Party didn't intend to circumvent federal campaign finance laws by donating money to a candidate for U.S. Senate from Rhode Island. Still, even if the donation was made without the intent of bypassing the law, it was a big mistake. A mistake large enough, in fact, to warrant Patrick Colwell's recently tendered resignation as chairman of the state party organization.
... (1999); and (3) whether the government's mistake of fact constitutes a "satisfactory explanation" f...
... of a change in conditions or because of a mistake in a determination of fact;. (3) Claims filed with...
... (1999); and (3) whether the government's mistake of fact constitutes a "satisfactory explanation" f...
... in the entry through clerical error, mistake of fact, or other inadvertence not amounting to an...
...The Kitsch court considered the factual differences between the different decisions. The M... he, by contrast, was operating under a mistaken view of the facts, based upon ambiguities he was t...
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