Sec. 10. Definition of misreliance.

Sec. 11. (I) Causes of misreliance : Mistake of fact and mistake of law.

Sec. 12. Same : Mistake of anticipated fact.

Sec. 13. (II) Misreliance negatived :

(1) By knowledge or belief.

Sec. 14. Same : Forgotten facts.

Sec. 15. Same: Negligent failure to ascertain facts.

Sec. 16. (2) By doubt: Assumption of risk.

Sec. 17. (3) By compromise or settlement.

Sec. 18. (III) Misreliance on right or duty, as distinguished from policy.

Sec. 19. (IV) Misreliance on right against or duty to third person.

Sec. 20. (V) Circumstances justifying retention of benefit.

Sec. 21. (1) Plaintiff guilty of misconduct toward defendant.

Sec. 22. (2) Plaintiff under moral obligation to confer benefit.

Sec. 23. (3) Plaintiff's failure to place defendant in statu quo.

Sec. 24. (4) Plaintiff's receipt of equivalent benefit.

Sec. 25. (5) Change of position by defendant.

Sec. 26. (a) Change of position must be irrevocable.

Sec. 27. (6) Payment over or settlement with principal as defense to agent.

Sec. 28. (c) Payment over as defense to executor or administrator.

Sec. 29. (d) Beneficial disposition of money or goods not a defense.

Sec. 30. (e) Is accidental loss or theft of money or goods a defense ?

Sec. 31. (f) Laches as a defense.

Sec. 32. (VI) When does cause of action arise ? Necessity of demand.

Sec. 33. (VII) Running of statute of limitations.

Sec. 34. (VIII) Recovery of interest.

Sec. 10. Definition Of Misreliance

The term "misreliance," coined by Professor Wigmore,1 is used for the sake of convenient brevity to denote a reliance which results from a mistake of fact, i.e. an erroneous belief that a certain fact exists or will exist. By benefits conferred in misreliance on a right or duty, therefore, is meant benefits conferred under the inducement of an erroneous belief as to a fact essential to the existence of a duty, or to the existence or availability of a right.1

1 "A Summary of Quasi-Contracts," 25 Am. Law Rev. 695, 696.