4. Mistake as a ground for relief in equity.

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.  

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

  2.  

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

  3.  

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

  4.  

    (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 relief