26. Other mistakes preventing the passing of property.

If A by mistake hands over to B property different from that which he intends to hand over, it appears that property does not pass at law1.

If A intends to pass property to B and complies with the relevant formalities then as a general rule, and subject to any estoppel2, property passes at law3. It does not matter if A was mistaken as to some other matter which was the motive for the transaction, for example that B was poor, when in fact he is rich4, or that A owed B the sum paid, when in fact he did

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