11. Abolition of distinction between mistake of law and mistake of fact.

A claim to recover money paid by mistake1 will no longer fail merely on the basis that the mistake is one of law2.

However, this abolition of the distinction between mistake of law and mistake of fact3 poses some problems, the first of which is the extent of the change. The abolition of the 'mistake of law' rule in restitutionary claims for money paid under a mistake4 does not in itself apply to other common law claims based on mistake, that is: (1) claims to recover property alleged not to have passed by reason of mistake5; (2) claims based on

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