Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 2. ACCIDENT AND MISTAKE
23-2-22. Mistake of law in instrument by contracting parties.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
An honest mistake of the law as to the effect of an instrument on the part of both contracting parties, when the mistake operates as a gross injustice to one and gives an unconscionable advantage to the other, may be relieved in equity.
History
Orig. Code 1863, § 3055; Code 1868, § 3067; Code 1873, § 3122; Code 1882, § 3122; Civil Code 1895, § 3979; Civil Code 1910, § 4576; Code 1933, § 37-204.
Law reviews
For annual survey of recent developments, see 38 Mercer L. Rev. 473 (1986).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 312; merge action: carried; file SHA-256 b3cf4ff62f2f.
Ask about this section
The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.