1. In jurisdictions that use the term, it is differentiated from mistake of fact . 2. Justice Dickson took a different approach to the defence of mistake of fact . 3. Mistake of fact is unavailable in respect to absolute liability offences.4. This is particularly true where, as here, the accused has raised the defense of mistake of fact . 5. Lever Brothers Ltd therefore brought a claim for rescission of the compensation package on grounds of mistake of fact . 6. During the trial the issue arose of whether the defence of mistake of fact should be put to the jury. 7. Lord Simonds discussed why a mistake of law was different from a mistake of fact , because " ignorantia juris neminem excusat ". 8. Their Lordships turn to Dextra's claim to recover its money as having been paid to the BOJ under a mistake of fact . 9. Examples include diminished capacity to understand the wrongfulness of the action, or a mistake of fact that affected the intention of the litigant. 10. She said in court papers that the marriage was a " mutual mistake of fact and was entered into solely for an entertainment purpose ."