Bill Text: CA SB770 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Contracts: mistake of law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB770 Detail]

Download: California-2009-SB770-Introduced.html

---

BILL NUMBER: SB 770	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 27, 2009

   An act to amend Section 1578 of the Civil Code, relating to
contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 770, as introduced, Walters. Contracts: mistake of law.
   Existing law provides that the consent of the parties to a
contract must be free, and that an apparent consent is not free when
obtained through a mistake. Existing law provides that a mistake of
law constitutes a mistake under these provisions only when it arises
under specified circumstances.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1578 of the Civil Code is amended to read:
   1578.  Mistake of law constitutes a mistake, within the meaning of
this  Article   article  , only when it
arises from  either of the following  : 
   1. 
   (a)  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, 
 law.  
   2. 
    (b)  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.