16.310 Contracts; Mistake of Law

16.310 Contracts; Mistake of Law An honest mistake of the law as to the effect of an instrument on the part of both contracting parties, when such mistake operates as a great injustice to one and gives an unconscionable advantage to the owner, may be relieved. A mutual mistake of law is a good defense against an action to recover money under a contract when there is full knowledge of all the facts but the parties have acted under a misapprehension of the law as applied to those facts, provided the mistake is clearly proved and the plaintiff could not in good conscience have received the money sued for. This principle applies to reformation of documents. O.C.G.A. §23-2-22 Holmes v. Holmes, 140 Ga. 217(1) (1913) (Charge the following only if applicable.) A mistake of law by the person who drafted the contract or other agent by which the agreement may (also) be relieved in equity. O.C.G.A. §23-2-23 If the form of a conveyance is, by accident or mistake, contrary to the intention of the parties in their contract, equity shall interfere to make it conform to that intention. O.C.G.A. §23-2-25