34. Relief available in case of mistake.

The relief to be granted in case of mistake may be:

  1.  

    (1)     application of the rules of construction of documents1;

  2.  

    (2)     refusal of specific performance or of damages for breach of contract2;

  3.  

    (3)     rescission3;

  4.  

    (4)     rectification4;

  5.  

    (5)     recovery of money paid under mistake5;

  6.  

    (6)     recovery of property transferred under mistake6; or

  7.  

    (7)     reopening of settled accounts7.

In addition to these remedies, a mistaken party may be able to plead the mistake as a defence to a claim on a contract, by showing that, as a result, there was no contract