What is the test for recoverable damages under mistake of fact?
Alberta, Canada
The following excerpt is from C.B. Ellis Agencies Ltd. v. Stony Ridge Farms Ltd., 1979 ABCA 303 (CanLII):
In Kelly v. Solari (1841) 152 E.R. 24 the learned law lords recognized that in considering whether money paid under mistake of fact should be recovered, regard must be had to what I would term as "conscientiousness" of the repayment or retention of the money.
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