IGNORANCE. The lack of knowledge.
2. Ignorance is distinguishable from error. Ig norance is want of knowledge; error is the non-con formity or opposition of ideas to the truth. Con sidered as a motive of actions, ignorance differs but little from error. They are generally found together, and what is said of one is said of both.
Essential ignorance is ignorance in relation to 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. Pothier, Vente, nn. 3, 4; 2 Kent, Comm. 367.
3. Ignorance of fact is the want of know ledge as to the fact in question. It would be an error resulting from ignorance of fact, if a man believed a certain woman to be un marrie and free, when, in fact, she was a marriAl woman ; and were he to marry her under that belief, he would not be criminally responsible. 6 All. Mass. 591. Ignorance of the laws of a foreign government, or of another state, is ignorance of fact. 9 Pick. Mass. 112. See, for the difference between ignorance of law and ignorance of fact, 9 Pick. Mass. 112; Clef des Lois Rom. Fait; Dig. 22. 6. 7; Minns, Ignorantia facti.
Involuntary ignorance is that which does not proceed from choice, and which cannot be overcome by the use of any means of know ledge known to a person and within his power: as, the ignorance of a law which has not yet been promulgated.
4. Ignorance of law consists in the want of knowledge of those laws which it is our duty to understand, and which every man is pre sumed to know. The law forbids any one to marry a woman whose husband 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 hound to fulfil a promise to pay, upon a supposed liability, and in ignorance of the law, see 12 East, 38 ; 2 Jac. & W. Ch. 263 ; 5 Taunt. 143 ; 3 Barnew. & C. 280 ; I Johns. Ch. N. Y. 512, 516 ; 6 id. 166 ; 9 Cow. N. Y. 674 ; 4 Mass. 342 ; 7 id. 452, 488 ; 9 Pick. Mass. 112 ; 1 Binn. Penn. 27. And whether he can be relieved from a contract entered into in ignorance or mistake of the law, 1 Atk. Ch. 591 ; 1 Yes. & B. Ch. Ir. 23, 30 ; 1 Chanc. Cas. 84; 2 Vern. Ch. 243 ; 1 Johns. Ch. N. Y. 512 ; 2 id. 51 ; 6 id. 169 ; 1 Pet. 1 ; 8 Wheat. 174; 2 Mari. C. C. 244, 342 ; MISTAKE.
5. Hon-essential or accidental ignorance is that which has not of itself any necessary connection with the business in question, and which is not the true consideration for enter ing 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 there fore he good.
Voluntary ignorance exists when a party might, by taking reasonable pains, have ac quired the necessary knowledge. For exam ple, every man might acquire a knowledge of the laws which have been promulgated : a neg lect to become acquainted with them is, there fore, voluntary ignorance. Doctor & Stud. 1, 46 ; Plowd. 343.
See, generally, Eden, Inf. 7 ; 1 Fonblanque, Eq. b. 1, c. 2, 7, n. v; I Story. Eq. Jur. 137, note 1 ; Merlin, Repert.; Savigny, Droit Rom. App. VIII. 387 444 ; Doctor & Stud. Dial. 1, c. 26, p. 92, Dial. 2, c. 46, p. 303 ; 1 Campb. 134 ; 5 Taunt. 379 ; 2 East, 469; 12 id. 38 ; 1 Brown, Ch. 92 ; 14 Johns. N. Y. 501: I Pet. I ; 8 Wheat. 174.