Mistake of fact defined
N.D. Cent. Code § 9-03-13
in effect9-03-13. Mistake of fact defined
Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the
person making the mistake and consisting in:
1. An unconscious ignorance or forgetfulness of a fact, past or present, material to the
contract; or
2. Belief in the present existence of a thing material to the contract which does not exist,
or in the past existence of such a thing which has not existed.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t09c03.pdf#nameddest=9-03-13Fetched: 10/16/2026
