IGNORANCE. The lack of knowledge.
Ignorance is distinguishable from error. Ignorance is want of knowledge; error is the nonconformity or opposition of ideas to the truth. Considered as a motive of actions, ig norance 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 duces them to act in the business ; Pothier, Vente, nu. 3, 4; 2 Kent 367.
Non-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.
Ignorance of fact is the want of knowledge as to the fact in question; as if a man mar ry 'a married woman, supposing her unmar ried; Com. v. Thompson, 11 Allen (Mass.) 23, 87 Am. Dec. 685.
It is not yet fully settled, at least in this country, whether a person who does a crim inal act, supposing it to be lawful through ignorance of fact, can properly he convicted; 12 Am. L. Rev. 469. Such a conviction was held proper; Corn. v. Thompson, 11 Allen (Mass.) 23, 87 Am. Dec. 685 (where a man was convicted of adultery, in innocently mar rying a woman whose husband was,living) ; Thompson v. Thompson, 114 Mass. 566 ; State v. FIartfiel, 24 Wis. 60 ; Beckham v. Nacke, 56 Mo. 546; contra, Stern v. State, 53 Ga. 229, 21 Am. Rep. 266; Brown v. State, 24 Ind. 113; Crabtree v. State, 30 Ohio St. 382. The doctrine was adhered to in a later Massa, chusetts case, where a belief that the hus band was dead was held no defence in a prosecution for bigamy ; Com. v. Hayden, 163 Mass. 453, 40 N. E. 846, 28 L. R. A. 318, 47 Am. St. Rep. 468. The opposite conclu sion was reached in England by nine out of fourteen judges; 23 Q. B. D. 168; so in Foord (So. Afr.) 190.
The MassaChusetts court took issue direct ly with the English case. Mr. Bishop severe ly criticises the Massachusetts doctrine and, reviewing the authorities, strongly approved the English rule ; 1 Bish. N. Cr. L. § 303 a,
note. Nevertheless, it is generally well es tablished that ignorance of facts is a defence, where a knowledge of certain facts is essen tial to an offence, but no defence where a statute makes an act indictable, irrespective of guilty knowledge. Thus there can be no conviction of murder, larceny, or burglary, without proof of the intention, melts rea, to commit these crimes ; but where selling liq uor to minors is by statute indictable, the mistaken belief that the vendee is of full age, is no defence; Com. v. Gould, 158 Mass. 499, 33 N. E. 656 ; see 1 Whar. Cr. L. § 88; 2 id. § 1704; State v. Meyer (Tex.) 23 S. W. 427; State v. Baer, 37 W. Va. 1, 16 S. E. 368; In re Carlson's License, 127 Pa. 330, 18 Atl. 8; but see Ross v. State, 116 Ind. 495, 19 N. E. 451; People v. Welch, 71 Mich. 548, 39 N. W. 747, 1 L. R. A. 385. Nor is it any defence that the party selling intoxicating liquor did not know that it was intoxicating; State v. Moulton, 52 Kan. 69, 34 Pac. 412; King v. State, 66 Miss. 502, 6 South. 188; Haynes v. State, 118 Tenn. 709, 105 S. W. 251, 13 L. R. A. (N. S.) 559, 121 Am. St. Rep. 1055, 12 Ann. Cas. 470; Cox v. Thompson, 96 Tex. 468, 73 S. W. 950.
Ignorance of a fact extrinsic and not es sential to a contract, but which, if known, might have influenced the actions of a party to the contract, is not such' a mistake as will authorize equitable relief ; Cleaveland v. Richardson, 132 U. S. 318, 10 Sup. Ct. 100, 33 L. Ed. 384. Nor is ignorance of facts a suffi cient ground for equitable relief, if it appear that the requisite knowledge might have been obtained by reasonable diligence; U. S. v. Ames, 99 U. S. 35, 47, 25 L. Ed. 295.
See Brett, L. Cas. Mod. Eq. 84; MISTARE.
Ignorance of the laws of a foreign govern ment, or of another state, is ignorance of fact ; Haven v. Foster, 9 Pick. (Mass.) 112, 19 Am. Dec. 353, where there will be found a discussion of the difference between ignor ance of law and ignorance of fact. See also Clef des Lois Rom. Fait.