3. Mistake as a ground for relief at common law.

2.     Legal Consequences and Types of Mistake

(1)     The Legal Consequences of Mistake

(i)     Mistake as a Ground for Relief

3.     Mistake as a ground for relief at common law.

At common law1 mistake founds relief in four cases only, namely:

  1.  

    (1)     in claims to recover money paid under a mistake2;

  2.  

    (2)     in claims to recover property which was prevented from passing by reason of a mistake3;

  3.  

    (3)     in claims to recover damages in respect of a mistake induced by fraudulent4 or non-fraudulent misrepresentation5;

  4.