2021 Georgia Code
Title 23 - Equity
Chapter 2 - Grounds for Equitable Relief
Article 2 - Accident and Mistake
§ 23-2-21. What Mistakes Relievable in Equity; Power to Relieve to Be Exercised Cautiously

1. A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence.
2. Mistakes may be either of law or of fact.
3. 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.

(Orig. Code 1863, §§ 3050, 3053; Code 1868, §§ 3062, 3065; Code 1873, §§ 3117, 3120; Code 1882, §§ 3117, 3120; Civil Code 1895, §§ 3973, 3977; Civil Code 1910, §§ 4570, 4574; Code 1933, §§ 37-202, 37-203.)

- Form of complaint for money paid by mistake, § 9-11-107.

- For note, the voluntary-payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982).

ANALYSIS

• General Consideration
• Mutual Mistake
• Ignorance of Fact
• Reasonable Diligence
• Pleading and Practice

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, §§ 29, 30.

- 30 C.J.S., Equity, § 44 et seq.

- Relief from contract of sale because of mistake as to amount of commodity which it calls for, 31 A.L.R. 384.

Recovery back of public money paid by mistake, 63 A.L.R. 1346.

Misrepresentation or mistake as to whether corporate stock is assessable as one of law or of fact, 65 A.L.R. 1256.

Mistake as to law of another state or country as one of law or of fact, 73 A.L.R. 1260.

Good faith in receiving payment made under mistake of fact as affecting its recovery, 87 A.L.R. 649.

Conscious ignorance of fact, as distinguished from mistake of fact, as ground for reformation of contract, 137 A.L.R. 908.

Mistake by one party to contract as to identity of other party who acted in good faith, 147 A.L.R. 1171.

Right to refund or recovery back of taxes paid on property not owned by taxpayer, 165 A.L.R. 879.

Reformation of property insurance policy to correctly identify the person or interest insured, 25 A.L.R.2d 580.

What constitutes change of position by payee so as to preclude recovery of payment made under mistake, 40 A.L.R.2d 997.

Compensation for improvements made or placed on premises of another by mistake, 57 A.L.R.2d 263.

Right of tenant to recover rentals previously paid to one mistakenly believed to be owner of property, 57 A.L.R.2d 350.

Recovery back by employer of compensation paid to employee as result of mistake or the employee's fraud, 88 A.L.R.2d 1437.

What constitutes mistake in the identity of one of the parties to warrant annulment of marriage, 50 A.L.R.3d 1295.