![]() ![]() Mistake is internal it is a mental condition, a conception, a conviction of the understanding erroneous indeed, but nonetheless a conviction which influences the will and leads to some outward physical manifestation. Mistake is internal and essentially ignorance. Mistake, within the meaning of equity, is an erroneous mental condition, conception, or conviction, induced by ignorance, misapprehension, or misunderstanding of the truth, but without negligence and resulting in some act or omission done or suffered erroneously by one or both of the parties to a transaction, but without its erroneous character being intended or known at the time. The power in equity to relieve mistakes should be exercised with caution, and the evidence shall be clear, unequivocal and decisive as to the mistake. The remedy is not available for the purpose of making a new and different contract for the parties, but is confined to establishment of the actual agreement. Reformation as applied to a contract is remedy cognizable in equity for the purpose of correcting an instrument so as to make it express the true intention of the parties, when from some cause, such as fraud, accident, or mistake it does not express such intention. JUDICIAL DECISIONSĪ mistake, either of law or fact, is cognizable in equity and affords a remedy therein by reformation of the instrument so as to make it express the true intention of the parties, on a proper cause being made but such a jurisdiction will always be cautiously exercised, and to justify it the evidence must be clear, unequivocal, and decisive. For note, the voluntary-payment doctrine in Georgia, see 16 Ga. ![]() Form of complaint for money paid by mistake, § 9-11-107. The power to relieve mistakes shall be exercised with caution to justify it, the evidence shall be clear, unequivocal, and decisive as to the mistake.Mistakes may be either of law or of fact.A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. ![]()
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