IGNORANCE
The want of knowledge.
2. Ignorance is distinguishable from error. Ignorance is want
of knowledge; error is the non-conformity or opposition of our
ideas to the truth. Considered as a motive of our actions,
ignorance differs but little from error. They are generally found
together, and what is said of one is said of both.
3. Ignorance and error, are of several kinds. 1. When considered
as to their object, they are of law and of fact. 2. When examined
as to their origin, they are voluntary or involuntary, 3. When
viewed with regard to their influence on the affairs of men, they
are essential or non-essential.
4. - 1. Ignorance of law and fact. 1. Ignorance of law,
consists in the want of knowledge of those laws which it is our
duty to understand, and which every man is presumed to know. The
law forbids any one to marry a woman whose hushand is living. If
any man, then, imagined he could marry such a woman, he would be
ignorant of the law; and, if he married her, he would commit an
error as to a matter of law. How far a party is bound to fulfil a
promise to pay, upon a supposed liability, and in ignorance of
the law, see 12 East, R. 38; 2 Jac. & Walk. 263; 5 Taunt. R. 143;
3 B. & Cresw. R. 280; 1 John. Ch. R. 512, 516; 6 John. Ch. R.
166; 9 Cowen s R. 674; 4 Mass. R. 342; 7 Mass. R. 452; 7 Mass. R.
488; 9 Pick. R. 112; 1 Binn. R. 27. And whether he can be relieved
from a contract entered into in ignorance or mistake of the law. 1
Atk. 591; 1 Ves. & Bea. 23, 30; 1 Chan. Cas. 84; 2 Vern. 243; 1
John. Ch. R. 512; 2 John. Ch. R. 51; 1 Pet. S. C. R. 1; 6 John. Ch.
R. 169, 170; 8 Wheat. R. 174; 2 Mason, R. 244, 342.5. - 2. Ignorance of fact, is the want of knowledge as to the
fact in question. It would be an error resulting from ignorance of
a fact, if a man believed a certain woman to be unmarried and
free, when in fact, she was a married woman; and were he to marry
her under that belief, he would not be criminally responsible.
Ignorance of the laws of a foreign government, or of another state;
is ignorance of a fact. 9 Pick. 112. Vide, for the difference
between ignorance of law and ignorance of fact, 9 Pick. R. 112;
Clef. des Lois Rom. mot Fait; Dig. 22, 6, 7. 6. - 2. Ignorance is either voluntary or involuntary. 1.
It is voluntary when a party might, by taking reasonable pains,
have acquired the necessary knowledge. For example, every man might
acquire a knowledge of the laws which have been promulgated, a
neglect to become acquainted with them is therefore voluntary
ignorance. Doct. & St. 1, 46; Plowd. 343. 7. - 2. Involuntary ignorance is that which does not proceed from
choice, and which cannot be overcome by the use of any means of
knowledge known to him
and within his power; as, the ignorance of a law which has not yet
been promulgated. 8. - 3. Ignorance is either essential or non-essential.
1. By essential ignorance is understood that which has for its
object some essential circumstance so intimately connected with
the: matter in question, and which so influences the parties that
it induces them to act in the business. For example, if A should
sell his horse to B, and at the time of the sale the horse was
dead, unknown to the parties, the fact of the death would render
the sale void. Poth. Vente, n. 3 and 4; 2 Kent, Com. 367. 9. - 2. Non-essential or accidental ignorance is that which has
not of itself any necessary connexion with the business in
question, and which is not the true consideration for enteting into
the contract; as, if a man should marry a woman whom he believed to
be rich, and she proved to be poor, this fact would not be
essential, and the marriage would therefore be good. Vide,
generally, Ed. Inj. 7; 1 Johns. h. R. 512; 2 Johns. Ch. R. 41; S.
C. 14 Johns. R 501; Dougl. 467; 2 East, R. 469; 1 Campb. 134: 5
Taunt. 379; 3 M. & S. 378; 12 East, R. 38; 1 Vern. 243; 3 P. Wms.
127, n.; 1 Bro. C. C. 92; 10 Ves. 406; 2 Madd. R. 163; 1 V. & B.
80; 2 Atk. 112, 591; 3 P. Wms. 315; Mos. 364; Doct. & Stud. Dial.
1, c. 26, p. 92; Id. Dial. 2, ch. 46, p. 303; 2 East, R. 469; 12
East, R. 38; 1 Fonbl. Eq. B. 1, ch. 2, 7, note v; 8 Wheat.
R. 174; S. C. 1 Pet. S. C. R. 1; 1 Chan. Cas. 84; 1 Story, Eq. Jur.
137, note 1; Dig. 22, 6; Code, 1, 16; Clef des Lois Rom. h.
t.; Merl. R«pert. h. t.; 3 Sav. Dr. Rom. Appendice viii., pp. 337
to 444.
Source: Bouviers Law Dictionary 1856 Edition
|