Code Section

Civil Code - CIV

DIVISION 3. OBLIGATIONS [1427 - 3273.69]

  ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )
  

PART 2. CONTRACTS [1549 - 1701]

  ( Part 2 enacted 1872. )
  

TITLE 1. NATURE OF A CONTRACT [1549 - 1615]

  ( Title 1 enacted 1872. )
  

CHAPTER 3. Consent [1565 - 1590]
  ( Chapter 3 enacted 1872. )

  
1578.  

Mistake of law constitutes a mistake, within the meaning of this Article, only when it arises from:

1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law; or,

2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify.

(Enacted 1872.)