24Relief may be granted if mistake by one party is known to another party or is common or mutual

1. A court may grant relief under section 28 to a party to a contract if,—

2. in entering into the contract,—
   1. the party was influenced in the party’s decision to enter into the contract by a mistake that was material to that party, and the existence of the mistake was known to the other party or to 1 or more of the other parties to the contract; or
   2. all the parties to the contract were influenced in their respective decisions to enter into the contract by the same mistake; or
   3. the party and at least 1 other party were each influenced in their respective decisions to enter into the contract by a different mistake about the same matter of fact or of law; and
3. the mistake or mistakes resulted, at the time of the contract,—
   1. in a substantially unequal exchange of values; or
   2. in a benefit being conferred, or an obligation being imposed or included, that was, in all the circumstances, a benefit or an obligation substantially disproportionate to the consideration for the benefit or obligation; and
4. in a case where the contract expressly or by implication provides for the risk of mistakes, the party seeking relief (or the party through or under whom relief is sought) is not obliged by a term of the contract to assume the risk that that party’s belief about the matter in question might be mistaken.

5. The relief may be granted in the course of any proceeding or on application made for the purpose.

6. For the purposes of subsection (1)(a)(i) and (iii), the other party or other parties must not be a party or parties who have substantially the same interest under the contract as the party seeking relief.

Compare

• s 6(1)