Dextra's payment was not however caused by any such mistake of fact as that now alleged by Dextra; it was caused by a misprediction by Dextra that Phillips would carry out his instructions and that a loan would eventuate.
32.
The decision is important not only for the specific point in issue, but it also was one of the earlier cases in relation to the modern development of the mistake of fact and the defence of change of position.
33.
"That the risk of doing business with BCCI was all too fully realized in this single transaction does not constitute a mistake of fact such that Citic is entitled to immediate return of its money, " the appeals court said.
34.
This rule states that " unless there is'substantial evidence of equivocal conduct that would have led a defendant to reasonably and in good faith believe consent existed where it did not, " the mistake of fact defense is not available.
35.
As noted in " Barclays Bank v . Simms ", if a person pays money to another under a mistake of fact which causes him to make the payment, he or she is " prima facie " entitled to recover it.
36.
That's not the sort of weaseling you would expect from a magazine that preaches accountability and pub lishes in each issue a statement of principles saying journalists " should be eager " to correct " mistakes of fact, context and fairness ."
37.
Cir . 2000 ), and a mistake of fact, & where either ( 1 ) the facts exist, but are unknown, or ( 2 ) the facts do not exist as they are believed to [ exist ], quoting " Hambro Auto.
38.
The second, willful blindness, involves the doctrine of mistake of fact, which is not a defense in strict liability crimes under any circumstances and is not a defense in negligence crimes where the willful blindness would make the defendant unaware of substantial and unjustifiable risk.
39.
A "'mistake of fact "'may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the required mens rea, and so will escape liability for offences that require mens rea.
40.
A "'mistake of fact "'may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the required mens rea, and so will escape liability for offences that require mens rea.
