BlackletterCalifornia law

Civil Code § 1578

CHAPTER 3. Consent

Current as of September 28, 2026Civ. Code, § 1578Official source ↗

Enacted 1872.

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.