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Faultless mistake of fact: Justification or excuse?
Criminal Justice Ethics, 1993I. Introduction According to Lafave and Scott, "No area of the substantive criminal law has traditionally been surrounded by more confusion than that of ignorance or mistake of fact or law."[1] However, the authors go on to say that "[i]n actuality, the basic rule is extremely simple: ignorance or mistake of fact or law is a defense when it negatives ...
Terry L Price
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Bringing reason to a messy doctrine: The distinction between mistake of law and mistake of fact
Oxford University Commonwealth Law Journal, 2015ABSTRACTThis article is concerned with the distinction between mistake of law and mistake of fact in criminal law defences. The article criticises the traditional view that distinguishes between mistake of law and mistake of fact by the criterion of perceptibility.
Doron Menashe, Shai Otzari
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Conflict of Laws: Mistake of Foreign Law as Mistake of Fact [PDF]
Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant\u27s title to the Texas land ...
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Mistake and Non-Disclosure of Facts
2012This book examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is ...
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Article 32. Mistake of fact or mistake of law
2016Jens David Ohlin, Otto Triffterer
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