- Title Pages
- Dedication
- Preface
- Outline Contents
- Table of Cases
- Table of Statutes
- 1 The Essence of Restitution
- 2 Themes and Controversies
- 3 The Principle of Unjust Enrichment
- 4 Enrichment
- 5 At the Expense of the Claimant
- 6 Principles Underlying the Recognition of the Grounds of Restitution
- 7 Ignorance
- 8 Mistake
- 9 Compulsion
- 10 Exploitation
- 11 Necessity
- 12 Failure of Consideration
- 13 Incapacity
- 14 Restitution from Public Authorities
- 15 General Principles
- 16 Restitution for Torts
- 17 Restitution for Breach of Contract
- 18 Restitution for Equitable Wrongdoing
- 19 Criminal Offences
- 20 Establishing Proprietary Restitutionary Claims
- 21 Restitutionary Claims and Remedies to Vindicate Property Rights
- 22 The Defence of <i>Bona Fide</i> Purchase
- 23 Fundamental Principles and General Bars
- 24 Defences Arising from Changes in the Defendant's Circumstances
- 25 Passing On and Mitigation of Loss
- 26 Illegality
- 27 Incapacity
- 28 Limitation Periods and Laches
- Bibliography
- Index
Mistake
Mistake
- Chapter:
- (p.137) 8 Mistake
- Source:
- The Principles of the Law of Restitution
- Author(s):
Graham Virgo
- Publisher:
- Oxford University Press
A claim to recover money mistakenly paid by the claimant to the defendant is often regarded as the paradigm example of a restitutionary claim founded on the principle of unjust enrichment. Mistake as a ground of restitution is complex for two reasons. First, the law remains unclear about what is the appropriate test for determining when a mistake can operate to vitiate the claimant's intention to benefit the defendant. Secondly, even where it is possible to show that the claimant's intention was vitiated by the mistake, it does not necessarily follow that restitutionary relief should be available. This chapter discusses the key policies which determine when a mistake should ground a restitutionary claim (security of transactions, risk allocation, concoction of claims, and relative conduct of the parties), restitution of benefits transferred by mistake, relief from transactions entered into under mistake, misrepresentation, non-disclosure, and reform of the law.
Keywords: mistake, ground of restitution, restitutionary claim, security of transactions, risk allocation, claims, enrichment, non-disclosure, misrepresentation
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- Title Pages
- Dedication
- Preface
- Outline Contents
- Table of Cases
- Table of Statutes
- 1 The Essence of Restitution
- 2 Themes and Controversies
- 3 The Principle of Unjust Enrichment
- 4 Enrichment
- 5 At the Expense of the Claimant
- 6 Principles Underlying the Recognition of the Grounds of Restitution
- 7 Ignorance
- 8 Mistake
- 9 Compulsion
- 10 Exploitation
- 11 Necessity
- 12 Failure of Consideration
- 13 Incapacity
- 14 Restitution from Public Authorities
- 15 General Principles
- 16 Restitution for Torts
- 17 Restitution for Breach of Contract
- 18 Restitution for Equitable Wrongdoing
- 19 Criminal Offences
- 20 Establishing Proprietary Restitutionary Claims
- 21 Restitutionary Claims and Remedies to Vindicate Property Rights
- 22 The Defence of <i>Bona Fide</i> Purchase
- 23 Fundamental Principles and General Bars
- 24 Defences Arising from Changes in the Defendant's Circumstances
- 25 Passing On and Mitigation of Loss
- 26 Illegality
- 27 Incapacity
- 28 Limitation Periods and Laches
- Bibliography
- Index
