§ 23-2-28. Equitable Interference Not Authorized by Mutual Ignorance of Fact; Mistake in Judgment of Value
Ignorance of a fact by both parties shall not justify the interference of equity; nor shall a mistake in judgment or opinion merely as to the value of property authorize such interference. History. Orig. Code 1863, § 3060; Code 1868, § 3072; Code 1873, § 3127; Code 1882, § 3127; Civil Code 1895, § 3985; […]
§ 23-2-29. Equitable Interference Not Authorized by Failure to Exercise Diligence; Ignorance of Fact Absent Fraud
If a party, by reasonable diligence, could have had knowledge of the truth, equity shall not grant relief; nor shall the ignorance of a fact known to the opposite party justify an interference if there has been no misplaced confidence, misrepresentation, or other fraudulent act. History. Orig. Code 1863, § 3059; Code 1868, § 3071; […]
§ 23-2-30. Reformation and Execution of Contract in Case of Mistake Distinguished
A distinction exists between reforming a contract and executing a contract in case of mistake. To authorize the former, the court shall be satisfied by the evidence that the mistake was mutual; but the court may refuse to act in the latter case if the mistake is confined to the party refusing to execute. History. […]
§ 23-2-31. Rescission for Unilateral Mistake of Fact
Equity will not reform a written contract unless the mistake is shown to be the mistake of both parties; but it may rescind and cancel upon the ground of mistake of fact material to the contract of one party only. History. Civil Code 1895, § 3982; Civil Code 1910, § 4579; Code 1933, § 37-207. […]
§ 23-2-32. When Negligent Complainant Granted Relief
The negligence of the complaining party, preventing relief in equity, is that want of reasonable prudence, the absence of which would be a violation of legal duty. Relief may be granted even in cases of negligence by the complainant if it appears that the other party has not been prejudiced thereby. History. Civil Code 1895, […]