4. Mistake as a ground for relief in equity.

In equity mistake is said to relieve in a much wider range of cases than at common law1. This includes:


    (1)     rectification of documents which do not accurately record the transaction concerned2;


    (2)     a defence to some suits for specific performance of contracts3;


    (3)     proceedings to recover (or regularise) money paid and other assets transferred by mistake4;


    (4)     the so-called doctrine of proprietary estoppel5.

Formerly, it also included rescission of certain contracts or other transactions entered into where the common law would give no relief6.

Moreover, equity often imposes a duty on a party in certain cases to speak out, and