35. Proof of causative role of mistake required before relief will be granted.

In order to obtain relief on the ground of mistake, the party seeking it must prove that his conduct has been determined by the mistake1. If the mistake played no causative part at all2, and hence his conduct would have been the same even if he had not made the mistake, then he is not entitled to relief3. Whether it suffices for the mistake to be causative in this sense, or whether there is a further requirement that it be in some way fundamental, depends on the context in which the matter arises. In the case where mistake is