Mistake of fact defined

N.D.C.C. § 9-03-13 — under Consent.

N.D.C.C. § 9-03-13

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.