Part 2
Contracts legislation
Contractual mistakes
22This subpart to be code
This subpart has effect in place of the rules of the common law and of equity governing the circumstances in which relief may be granted, on the grounds of mistake, to—
- a party to a contract; or
- a person claiming through or under a party to a contract.
Subsection (1) applies except as otherwise expressly provided in this subpart.
Nothing in this subpart affects—
- the doctrine of non est factum (it is not my deed):
- the law relating to the rectification of contracts:
- the law relating to undue influence, fraud, breach of fiduciary duty, or misrepresentation, whether fraudulent or innocent:
- subpart 4 (frustrated contracts):
- subpart 5 (illegal contracts):
- sections 74A and 74B of the Property Law Act 2007 (recovery of payments made under mistake).
Nothing in this subpart deprives a court of the power to exercise its discretion to withhold a decree of specific performance in any case.