(Supreme Court of Canada) There is a head of public policy which recognises the need to preserve the validity of compromises freely entered into with advice. The court advocated the application of equitable principles for both mistake of fact and mistake of law: ‘It would be best to abolish the mistake of law rule, place mistakes of law and of fact on an equal footing, and recognise that with mistakes of law the principle of conscious ignorance or conscious assumption of risk will often prevent relief . . ‘ (Dixon J dissenting)
Judges:
Dickson J
Citations:
(1982) 132 DLR (3d) 193
Jurisdiction:
Canada
Contract, Equity
Updated: 07 May 2022; Ref: scu.241335
