Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Mistake definition

What does Mistake mean? Mistake is an incorrect belief—usually about facts—that affects criminal liability or the validity of transactions. It is not defined in a single statute and is developed mainly in case law across criminal, contract and restitution. Criminal: A genuine mistake of fact can negate mens rea and provide a defence in England & Wales, Scotland, Northern Ireland and Ireland. It need not be reasonable unless the offence imports negligence or a statutory requirement of reasonable belief (for example, in modern sexual offences). Mistake of law is generally no defence; reliance on official advice may affect prosecution or sentence, not...

Mistake of Fact and Law in English Contract Law: Common, Mutual, Unilateral, Identity, Non Est Factum; Risk Allocation, Voidness, Rectification and Construction; Statutory Exceptions

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Practice notes

This Practice Note explores the doctrine of mistake in contract law. It surveys common, mutual and unilateral mistake, errors as to identity, and mistake regarding the signed document (non est factum). It also considers the effect of each type on the contract and how mistakes can be addressed by rectification or by construction.

For guidance on dealing with errors in the execution of documents, see Practice Note: Deeds—Failure to comply with formalities and other defects and our Execution collection, in particular, The Basics—Q&As—Mistakes in executing documents. For further help where parties choose to fix a mistake by agreeing an amendment to the operative parts of a contract, see Practice Note: Contract variation.

What is a mistake?

A mistake is a wrong belief held by one or both parties at the point of contract formation. A mistake may relate to the:

subject matter or the terms of the contract
identity of the counterparty
nature of the transaction

Do not confuse mistake with misrepresentation, where a party is induced to enter a contract by a misrepresentation, whether innocent, negligent or fraudulent...

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Web page updated on 21/05/2026

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