Also known as: errors · erroneous · erroneously · erronice · mistake · reversible error
Written by attorneys · grounded in primary & secondary sources — see below
A mistake or deviation from the facts or applicable law that may affect legal rights, obligations, or the outcome of a proceeding.
Ethan Evans purchased property from Echo Systems under a contract requiring the seller to repair the roof before closing. At closing Ethan accepted the deed that omitted any repair promise. After discovering leaks he sued for breach of the original contract term. The court held that the contractual promise merged into the deed and discharged the obligation because the error in failing to include the term in the deed left Ethan without a contract claim.
Evelyn Ellison sued a company she believed was Echo Systems for breach but later learned the proper defendant was Elite Dynamics. She moved to amend the complaint after the limitations period. The court permitted the amendment because Elite Dynamics knew or should have known that the action would have been brought against it but for the error concerning the proper party's identity.
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Ewan Eckhart was charged with knowingly receiving stolen goods. The prosecution sought to introduce evidence that he had previously been caught with mislabeled inventory. The court admitted the evidence to prove absence of mistake because the prior incident showed Ewan's knowledge that the goods were stolen rather than an innocent error.
Edgar Evers contracted to sell land to Elemental Pharmaceuticals believing the price reflected full market value. The buyer knew the price was far below value due to an error in the appraisal data. Enforcement of the contract would be unconscionable so the court allowed Edgar to avoid the agreement.
Elliot Edmonds petitioned to probate a will leaving his estate to a distant relative. Enzo Eastwood contested the will claiming the testator signed under a mistake about the relative's identity. The court placed the burden on Enzo to establish the mistake by a preponderance of the evidence after the proponent made a prima facie showing of due execution.
Enzo Eastwood took property he believed belonged to him under a mistaken belief about the boundary line. The prosecution charged theft requiring knowledge that the property belonged to another. The court instructed the jury that if the error negated the required knowledge the defendant could not be convicted of theft.
Under the applicable rule an amendment changing the party relates back when the new party knew or should have known that the action would have been brought against it but for the mistake concerning identity and received timely notice so as not to be prejudiced.
Evidence of other crimes wrongs or acts is admissible to prove absence of mistake when offered for that non-character purpose and the prosecutor provides reasonable notice in a criminal case.
The contestant must establish lack of testamentary intent or capacity undue influence fraud duress mistake or revocation while the proponent first establishes prima facie proof of due execution.
A contract is voidable by the mistaken party when the mistake has a material adverse effect on the agreed exchange and enforcement would be unconscionable or the other party had reason to know of the mistake.
…was not; he prepared the list of names by which the clerk filled up commissions and believed Ramsay's name was omitted by mistake. He believed none of the commissions for justices of the peace signed by Mr. Adams were recorded; after being prepared they were carried to Mr. Adams for signature and then back to the…