Originally Posted by
Ldnn1
I think you're wrongly fixated on this 100% certainty idea. Let's use the word 'believe' instead of 'know'.
You can believe something to be the case without 100% certainty. Belief is different to mere suspicion.
If you genuinely believe that a fare is a mistake, then you cannot subsequently claim that you did not so believe. To do so would be a lie.
Indeed. It does not have to be established that the claimant was actually aware of the mistake, it could be sufficient in such an action for a defendant to demonstrate that the claimant shut his eyes to an obvious error, or that he wilfully or recklessly failed to make the kind of enquiries which an honest and reasonable person would make.