The defense is a mistake of fact, ie ., whether the victim was 18 years or more of age, rather than a mistake of law.
12.
He is one of the important authorities for that period of Florentine history, notwithstanding the mistakes of fact which are to be found in his writings.
13.
But a misprediction does not, in their Lordships'opinion, provide the basis for a claim to recover money as having been paid under a mistake of fact.
14.
29 . Their Lordships turn then to the second element, viz . that Dextra must have paid the money to the BOJ under a mistake of fact.
15.
In the context of sexual assault, for example, a mistake of fact defence usually involves an assertion that the accused did not realize the complainant was not consenting.
16.
The law makes a distinction between mistake of law and mistake of fact : being unaware of a law, and being unaware of a " "'material " "'fact.
17.
In the years since People v . Hernandez was decided, one commentator has posited that the mistake of fact defense to rape has been eroded by the Rule of Equivocality.
18.
For example, the mistake of fact defence involves an assertion that the accused misunderstood some material factual matter that prevented him from forming the requisite mens rea for the offence.
19.
Apart from the wartime cases, the Latham court also developed the criminal defence of honest and reasonable mistake of fact, for example in " Proudman v Dayman " ( 1941 ).
20.
But sometimes unilateral defeated expectations may be sufficient, e . g . payments made under a unilateral mistake of fact where the ground of liability is the mistake of one party.
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