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you are here: > Canonum De Ius Positivum
> Article 142
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IV. Consensus |
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| 4.5 Consensus Dispute and Extinction | ||
| Article 142-Mistake | ||
| Canon 2392 | ||
| A Mistake, also known as a Mistake of Fact is an erroneous belief or trust that certain facts are true when committing a reasonable action. A Mistake of Fact does not exist when an action is considered unreasonable. | ||
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| Canon 2393 | ||
| A Reasonable action in terms of a Mistake of Fact is any action that one would expect to represent the norms of respectful society and behaviour, thus excluding such actions as violence, depravity, perfidy, fraud and other acts considered universally as antisocial and grossly disrespectful. | ||
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| Canon 2394 | ||
| A Mistake of Fact is not permitted to be argued when the alleged actions by the person are grossly unreasonable. | ||
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| Canon 2395 | ||
| In the permitted admission of a Mistake of Fact, any assumed surety for liability from alleged injury ceases to exist. | ||
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| Canon 2396 | ||
| A person is not considered to consent who commits a mistake. | ||
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| Canon 2397 | ||
| Any person permitted to admit a Mistake of Fact must be offered relief to any alleged injury in addition to cessation of any claimed surety for any liabilities associated with the alleged injury. | ||
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| Canon 2398 | ||
| Any competent authority that refuses to release a person from surety for any liability upon a permitted admission of Mistake of Fact fully consents to assume the liability for themselves. | ||
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| Canon 2399 | ||
| Any competent authority that refuses to offer relief to a person upon a permitted admission of Mistake of Fact is guilty of fraud and a gross injury to the law. | ||
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| Canon 2400 | ||
| When a person has been deliberately deceived by fraud, then neither mistake nor injury exists. | ||
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| Canon 2401 | ||
| Excluding fraud, consent obviates a mistake. | ||
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