| Commentary

40 What is a mistake?

| Commentary

40 What is a mistake?

Lord Walker defined a mistake as follows1:

‘For present purposes a mistake must be distinguished from mere ignorance or inadvertence, and also from what scholars in the field of unjust enrichment refer to as misprediction...These distinctions are reasonably clear in a general sort of way, but they tend to get blurred when it comes to facts of particular cases...’

Forgetfulness, inadvertence or ignorance is not, as such, a mistake, but it can lead to a false belief or assumption which the law will recognise as a mistake. The Court of Appeal of Victoria has held that mistake

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial