Commentary

38 The equitable jurisdiction to set aside a voluntary transaction for mistake

POWERS OF APPOINTMENT vol 33
| Commentary

38 The equitable jurisdiction to set aside a voluntary transaction for mistake

| Commentary

38 The equitable jurisdiction to set aside a voluntary transaction for mistake

There is a long-standing equitable jurisdiction to set aside voluntary dispositions which are vitiated by fraud, undue influence, unconscionable bargains and mistake. However, there are differences in the case law as to the type of mistake required. In Pitt v Holt application had been made to set aside the transaction on the basis of mistake as well as Hastings-Bass. The relationship between a Hastings-Bass claim and one founded on mistake was explained by Lord Walker in the following terms1:

‘They do cover different areas, in that the Hastings-Bass rule

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