This article contains the difference between Accident and Mistake of Fact.
- Consequences are not foreseen. Accident is done when the consequences unintended.
It is also excusable. But in capable accident, liability is imposed. If successfully proved, inevitable accident is completely excused.
- If any cattle go to neighbor’s land, without any body’s efforts, it is an accident.
- Example: train accidents, automobile accidents, etc.
Mistake of Fact
- Consequences are foreseen. The consequences are intended but the actor is ignorant of some material circumstance.
- It is completely excusable. Strict liability is not imposed.
- If I put cattle thee because I wrongly believe that the field is mine, their presence is due to mistake.
- Example: A, a soldier fires on a mob unlawfully assembled by the order of his superior officer, in conformity. A has committed no offence.