Cases frequently occur in which a benefit is conferred upon the assumption that a certain event will happen or that a certain present fact will continue to exist, which assumption proves to be erroneous. For example, freight is paid in advance upon the assumption that the voyage will be completed, whereas it happens that the vessel is captured or lost en route (post, Sec. 129). Such an erroneous assumption may be called a mistake of anticipated fact. It is clearly within the bounds of the general concept of misreliance.

1 Though one is under an erroneous belief as to a certain fact, if such belief is not a controlling inducement to action, he cannot be said to rely upon it. See White v. Dotter, 1904, 73 Ark. 130; 83 S. W. 1052.

2 For an admirable discussion of the distinction between questions of law and questions of fact, see Keener, "Quasi-Contracts," pp. 96-112.