Mistake as a Defence in the Law of Torts

In tort law, the defence of mistake is a shield against liability for actions carried out in an honest mistaken belief of fact. The defence of mistake in tort law asserts that there is no liability when an individual acts based on an honest mistaken belief of fact. 

This defence acknowledges that individuals should not be held accountable for their actions when they genuinely believe they are lawful and unaware of the true circumstances.

One area where the defence of mistake often arises is malicious prosecution cases. 

For example, suppose A, a shopkeeper, sells goods belonging to B under the honest belief that they are B’s goods. However, it later becomes evident that the goods belonged to C. In this scenario, since A genuinely believed that the goods were B’s, there would be no liability for A in tort. The defence of mistake protects individuals who acted in good faith and were unaware of the factual truth.

Mistake of Law vs. Mistake of Fact

While the defence of mistake recognises the impact of honest mistakes, it is essential to distinguish between mistakes of law and fact.

A mistake of law generally does not serve as a valid excuse or defence in tort law. It is presumed that individuals are aware of the laws governing their actions and are expected to adhere to them. Ignorance of the law is typically not considered a valid defence, and individuals are generally held accountable for their actions based on the law’s objective standards.

On the other hand, a mistake of fact is an acceptable excuse, provided it was an honest mistake. If a person reasonably believes certain facts to be true but later discovers that their belief was mistaken, they may invoke the defence of mistake to avoid liability in tort. It is crucial to demonstrate that the mistake was made in good faith, without any fraudulent or malicious intent.

Summary

The defence of mistake in the law of torts protects individuals who acted in an honest mistaken belief of fact. It recognises that people should not be held liable for their actions when they genuinely believed their actions to be lawful and were unaware of the true circumstances. 

However, it is important to note that mistake of law is generally not a valid defence, as individuals are expected to be aware of the laws governing their actions.