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When the act in itself is wrongful the defence of mistake of fact cannot be availed. It was held in an English case
R Vs. Prince.
R Vs. Tolson.
Baily case.
None of the above.
- Option 1: R Vs. Prince
- In this case, the court dealt with the defendant who took an unmarried girl under eighteen out of the possession of her father, believing she was of age. The court ruled the act itself was wrongful, so mistake of fact was not a defense.
- Your Answer is Right
- Option 2: R Vs. Tolson
- This case involved a woman remarrying after her husband was presumed dead for seven years. The mistake of fact (believing her husband was dead) was accepted as a defense.
- Option 3: Baily Case
- This case deals with automatism and self-induced incapacity, not directly pertinent to mistake of fact defenses.
- Option 4: None of the above
- Incorrect, as R vs. Prince is relevant to the mistake of fact and wrongful acts discussion.
By: santosh ProfileResourcesReport error
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