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所有案例
Equity & Trusts
Supreme Court
2013

Pitt v Holt; Futter v Futter

[2013] UKSC 26

判决理由

A voluntary disposition can be set aside for mistake only if the mistake is sufficiently grave. It is not enough that the claimant would not have entered the transaction but for the mistake; the mistake must make it unconscionable for the donee to retain the property.

事实

Two appeals were heard together. Both involved transactions by trustees that had unintended adverse tax consequences.

判决摘要

The Supreme Court reformulated the law of mistake in relation to voluntary dispositions. Lord Walker held that the test is whether the mistake was of so serious a character as to render it unjust for the donee to retain the property.

关键引述

"The true requirement is for there to be a causative mistake of sufficient gravity."

Lord Walker

后续处理

Good law

The leading authority on setting aside voluntary dispositions for mistake.