Mistake of Fact in the Preclusion of Wrongfulness

In this chapter, the author addressesPreclusion of wrongfulness the question of mistake of factMistake of fact in the context of the preclusion of responsibility. First, the author discussed the influence of objective responsibility in the interpretation of circumstances precluding wrongfulness and deals with the concept of putative countermeasuresPutative countermeasures. Then, the author addresses how mistakes of fact may configure themselves as instances of force majeureForce majeure or distressDistress. Finally, the author addresses in turn the concepts of ‘putative necessityPutative necessity’ and ‘putative self-defensePutative self-defense’, as well as the distinction between ‘putative’ and ‘mistaken’ consentConsent.