In Kelly v. Solan (1841), 9 M. & W. 54, 152 E.R. 24 it was laid down that, whether a mistake is attributable to negligence on the plaintiff’s part to such a degree as not to be relievable against is to be decided on a consideration of the facts of the case, although, generally speaking, money paid under mistake of fact may be recovered, however careless the party paying may have been in failing to use due diligence to inquire into the facts.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.