6. Sources and types of mistake.

Mistakes may arise from ignorance, misconception, or forgetfulness. Generally speaking, in considering the consequences of mistake, no distinction is drawn by the law between these different sources1.

Mistakes may be divided into:

  1.  

    (1)     those which prevent there being an effective consent to a particular transaction2; and

  2.  

    (2)     those which consist in a failure to express correctly in a written document the intention of the parties with regard to a particular transaction3.

Mistakes within head (1) above may be further subdivided according to whether they are mistakes as to law, or mistakes as to fact4. Mistakes as to private rights historically were