Title 13. CONTRACTS · Chapter 5. DEFENSES · Article 1. GENERAL PROVISIONS
13-5-4. Mistake of fact or law.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
If the consideration upon which a contract is based was given as a result of a mutual mistake of fact or of law, the contract cannot be enforced.
History
Orig. Code 1863, § 2707; Code 1868, § 2701; Code 1873, § 2743; Code 1882, § 2743; Civil Code 1895, § 3660; Civil Code 1910, § 4245; Code 1933, § 20-308.
Cross references
Pleading of mistake as a defense, § 9-11-9. Equitable principles regarding accident and mistake generally, § 23-2-20 et seq.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t13-(v11)-2010-pdf.pdf, Volume V11, 2010 edition, page 304; merge action: annotated; file SHA-256 18573afb153d.
Ask about this section
The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.