Rectification

Question 1

Rectification

Answer 1

a discretionary remedy thats purpose is to correct an instrument that doesn’t accurately reflect the intentions of the parties

Question 2

Common Continuing Intention

Answer 2

have to show that there is a common intention in relation to a provision
the courts must be able to ascertain with precision the common intention of the parties
there has to be proof of a prior agreement

Question 3

Common/Mutual Mistake

Answer 3

There is an earlier agreement then a written agreement.
Objective Basis: it doesn’t matter what they knew, only that the two agreements don’t match
Modified Objective Basis: one party was acting inequitably from the first agreement
The courts will only recitify for common mistake

Question 4

Unilateral Mistake

Answer 4

if one party is aware that the other party is mistaken in the written agreement and let’s it happen anyways, the courts will rectify the mistake