A unilateral mistake, whether of fact1 or of law, in a deed or other instrument of conveyance is not in general a ground for setting aside the instrument2. The position is similar to cases of innocent misrepresentation3. In the case of a defect in title being overlooked by mistake, the remedy, as between vendor and purchaser, is on the vendor's covenants4; but there is an exception in the case of a conveyance to the purchaser of property which was already his own, in which case the purchase money is recoverable5.
There are, however, two situations in which rectification6 may be
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