Page:Black's Law Dictionary (Second Edition).djvu/793

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MISREPRESENTATION

influential i.u producing it. Wise v. Fuller, 29 N. J. Eq. 262

Pulse or fraudulent misrepresention is a representation contra.ry to the fact, made by ii ]IIi'SOlJ with a knowledge of its talsehood, and being the cause oi.‘ the other party's eutering into the contract. 6 Clark & F 2 —_

i\‘iuliycnl.' nilsrepresentan'on is a false rep- resvztailou made by a person who has no reasonable grounds for believing it to be true. though he does not know that it is untrue, or even believes it to be true. L. R. 4 I]. L. 79.

Innocent misrepresentation is where the person making the representation had reo- soiiable grounds for believing it to be true. L. R. 2 Q. B. 580.

MISSA. Lot. The mass.

MISSIE PR]-ISBYTER. ders Blount.

A priest in or-

MISSAL. The muss-book.

MISSILIA. In Roman law. Gifts or liberollties, which the prtetors and consuls were in the habit of throwing among the people. Inst. 2, 1, 45.

MISSING SHIP. In maritime law. A vessel is so called when, computed trom her known day 01! sailing, the time that has elapsed exceeds the average duration oi! simi- lar voyages at the same season oi.‘ the year. 2 Duer, Ins. 469.

MISSIO. Lat In the civil law. A sending or putting. ll-li:-sic in bana, a putting the creditor in possession of the debtor's prop- erty. Mackeld. Rom. Law, § 521. 11-llssio jiidiczim in cmisilimn, a sending out 01! the judices (or jury) to make up their sentence. Iialllfax. Civil Law. b. 3, c. 13, no. 31.

MISSIVES. In Scotch law. Writings passed between parties as evidence of a

triiiisuction. Bell.

MISSTAICUS. in old records. A messcuger

MISTAKE. Some unintentional act,

omission, or error arising from ignorance. surprise, imposition, or niisplaced confidence. Code Ga. § 3117; 1 Story, Eq. Jur. § 110.

Thai result of ignorance of law or fact which has uiisled a person to commit that which, if he had not been in error. he would not have done. Jeremy. Eq. J or. 3:38.

A mistake exists when a person. under some erroneous conviction of law or fact, does, or omits to do, some act which, but tor the erroneous conviction, he would not have done or omitted. It may arise either from unconsciousness, ignorance. i.'or_-zetfnlness, imposition, or misplaced confidence. Bispli. Eq. § 185. And see Allen v. Elder, 7|‘; G4. 677,

Bl.Law Dict.(2d Ed.)—60

S5 MITIOB. SENSUS 2 Am. St. Rep. 63; Russell v. Colyar, 4 Heisk. (Tenn) 154; -Beasley v. McFadden, 68 Cal. 611, 10 Pac. 179; Cummius v. Bulgin, 37 N. J. Ed. 476; Chicago, etc. It. Co. v. Hay, 119 111. 493, 10 N. E. 29; licLoney v. Edgar, 7 Pa. Co. Ct. R. 29.

Zljistal-e of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in (1) an unconscious ignoranre or forgetfulness of a fact. past or present, mateiiil to the contract; or (2) heliet in the present existence of a thing material to the contract i\lilLl| does not exist, or in the past existence of such a thing which has not existed. ('iv. Code Cal. § 1577.

A niiistalic of law happens when a party, having Eiili l{l.i(iWl(‘(l'__"P of the facts. LOI1lLS to an crroneous eonclusiun us to their legal effect. It is is mistaken opinion or infeionce, arising from an imperfect or incorrect excrtise of the judgment, upon facts as they_ reaily ar ' and, like

a correct opinion, which is low. necessarily presupposes that the person forming it is in full possession of them. The for is precede the law. and the true and false opinion alike imply an acquaintance with em. Neither can exist witliont it. The une is the result of a correct application to them of legal principles, which every man is presumed to know, and is called “law;" the otber, the result of a faulty application, and is called a "mistake or law." Hurd v. Hall, 12 Wis. 12-1.

Mutual mistake is where the parties have 5 common intention, but it is induced by a com- mon or mutual mistake.

MISTERY. A trade or calling Cowell_

MISTRESS. The proper style or the wife of an esquire or a gentleman in England.

MISTRIAL. An erroneous, invalid, or nngatory trial; a trial of an action which cannot stand in law because at want or juris- diction, or a Wrong drawing or jurors, or dis- regard of some other fundamental requisite.

MISUSER. Abuse of an office or tracnhise 2 Bl. Comm. 153.

MITIGATION. Alleviation: abatement or diminution of a penalty or punishment lin- posed by law. “l\iin'gating circumstances" are such as do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, miiv be considered as extenuating or reducing the degree of moral culpability. See Heatou v. “'1'i1:ht, 10 How. Prac. (N. Y.) 82; W.'an(lell v. Ed- wards. 25 Hun (N. Y.) 500: Hess v. New York Press Co., 26 App. Div. 73. 49 N. Y. Supp. 894. —Mitigntion of damages. A reduction of tbc amnimt nf damages. not by proof of facts which are a bar to a nart of the plointiifs cause of action, or a justification, nor yet of facts which constitute a cause of action in favor of the defendant, but rather facts which show that the pinintilfs conceded cause of action does not entitle him to so large an amount as the showing on his side would otherwise justify the jury in allowing him. 1 Snth. Dnm. 226.

MITIOR SENSUS. vorable acceptation.

Lat. flhe more ta-