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United Kingdom Leading Case rescissionresulting trusts

Pitt v Holt

[2013] UKSC 26
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2013
StatusBinding authority

Summary

To set aside a voluntary disposition for mistake in equity, the mistake must relate to the legal character or nature of the transaction or a basic matter of fact or law.

Key Principle

Mistake sufficient to set aside a voluntary disposition must be as to the legal character or nature of the transaction, or some matter of fact or law which is basic to the transaction.

Area of Law

equity

Related Cases

Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560

Change of position is a defence to a claim in unjust enrichment for mistaken payments where the defendant has detrimentally relied on the receipt.

Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498

Unjust enrichment claims for money paid under illegal contracts may succeed if recovery is consistent with the statutory policy underlying the illegality.

Friend v Brooker (2009) 239 CLR 129

Equitable compensation for breach of fiduciary duty does not require but-for causation, and a fiduciary must account for profits made in breach of their stringent obligations.

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