Also known as: error · accident · mistake
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A non-propensity purpose for admitting evidence of other crimes, wrongs, or acts to prove that conduct on a particular occasion was not the product of inadvertence or unintentional conduct.
A belief not in accord with the facts that may render a contract or other instrument voidable when the effect is unconscionable or the other party had reason to know of the mistake.
A non-propensity purpose for admitting evidence of other crimes, wrongs, or acts to prove that conduct on a particular occasion was not the product of inadvertence or unintentional conduct.
Esme Ellington sued a company she believed was the correct defendant. After the limitations period, she discovered she had sued the wrong corporate entity. She amended the complaint to name the proper party. The new defendant knew or should have known the suit was meant for it but for the mistake in identity, so the amendment related back.
A belief not in accord with the facts that may render a contract or other instrument voidable when the effect is unconscionable or the other party had reason to know of the mistake.
Edward Everett sold property to Empire Logistics under a contract requiring the seller to repair the roof before closing. At closing the deed contained no repair promise. After Empire accepted the deed, heavy rains revealed that the roof still leaked. Empire sued for breach. Because the parties shared a mutual mistake about the roof condition at closing, the merger doctrine did not discharge the repair obligation.
Each sense below has its own examples, sources, and questions.
Edith Eberhardt was convicted after the trial court gave an erroneous jury instruction that no one noticed. On appeal she argued the instruction violated due process. Because the error was plain and affected her substantial rights, the appellate court considered the claim even though it was not raised at trial.
Erika Echevarria was charged with arson after a fire at her business. The prosecution offered evidence that she had collected insurance proceeds after two prior fires at other properties she owned. The evidence was admitted to show absence of mistake or lack of accident regarding the cause of the charged fire.
The evidence is admissible when offered for a non-propensity purpose such as showing that the charged conduct was not inadvertent. The proponent must satisfy Rule 403 balancing and, in criminal cases, give reasonable notice.
Enzo Eastwood contracted to sell rare equipment to Enigma Technologies for a price both parties believed reflected current market value. The price formula proved grossly inaccurate because of an unforeseen spike in component costs. Enforcement would have been unconscionable, so the buyer could avoid the contract.
Eric Espinoza offered a will for probate. A contestant alleged the testator had signed the document only because of a mistake about its contents. The contestant bore the burden of establishing mistake as a ground for denying probate.
No. Merger does not discharge obligations when the parties shared a mutual mistake about a basic fact at closing. The buyer may still pursue relief despite accepting the deed.
The contestant must establish lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation by the ultimate burden of persuasion after the proponent makes a prima facie showing of due execution.
…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…