Section 106 — Credit Contracts and Consumer Finance Act 2003: Reasonable mistake defence

106 Reasonable mistake defence (1) Every person has a defence to a claim for statutory damages under section 88 or a prosecution under section 103(1) , in connection with a breach of this Act, if the person proves that— (a) the breach was due to a reasonable mistake or due to events outside of the person's control; and (b) the breach was remedied (to the extent that it could be remedied) as soon as practicable after the breach was discovered by the person or brought to the person's notice; and (c) the person has compensated or offered to compensate any person who has suffered loss or damage by that breach. (2) For the avoidance of doubt, a mistake does not include a mistake of law or a mistake in the interpretation of any enactment or of any document.