This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Mistake. For more information on the topic of mistake see the pages on Wikipedia.
Mistake-Cases
1994 Hensley v. Dryer, 247 Va. 25, 439 S.E.2d 372.
Purchaser sued seller alleging fraud in regards to real estate transaction and seeking rescission. Trial court ruled there was no fraud but found there was mutual mistake of fact and concluded under Va. Code § 8.01-377 that this variance did not prejudice the seller. Supreme Court overruled and held that judgment may not be based upon facts not alleged or upon a right not pled. Trial court has some discretion in this regard, but only on condition that no prejudice results. In this case Supreme Court found potential prejudice since seller was denied opportunity to present evidence in support of defense that relief will be denied upon mutual mistake of fact when a written instrument is involved and the equities are equal. Bill of Complaint dismissed.
1989 Williams v. Consolvo, 237 Va. 608, 379 S.E.2d 333.
Where person with full knowledge of facts voluntarily pays demand unjustly made on him, though attempted or threatened to be enforced by proceedings, he is not entitled to recover back this money. Mistake of law with full knowledge of facts also precludes recovery. Exception to this latter rule is found where result would be wholly inequitable.
1947 Virginia Ins. Rating Bur. v. Commonwealth, 186 Va. 270, 42 S.E.2d 419.
Payment mistakenly made as result of forgetfulness or inadvertence is mistake of fact and is recoverable where person to whom payment is made is not entitled to it.
