8. Consequences of mistake in equity.

If consent is negatived through mistake, and the transaction void at law, equity will not make it valid1. Moreover, a transaction which is valid at law will be voidable in equity only where the mistake of one party is accompanied by fraud or taking by surprise by the other2. A mutual mistake of both parties will not render a contract voidable in equity if the contract is valid and enforceable on ordinary principles of common law3.

There are circumstances where the conditions for a transaction to be void are satisfied in equity, but not at law. Suppose A purports to