rectification

Question 1

what is rectification

Answer 1

the repair of a contract, where the legal manning of the contract is one thing but the parties both intend other, the courts can modify to correct

Question 2

what was the history of rectification

Answer 2

Available when contract said what parties were supposed to do in instrument and the contract didn’t match the instrument , Were able to correct the instrument to match the contract

Question 3

what is rectification look like now

Answer 3

the contract fails to represent common intention of parties

Question 4

what are the elements required for rectifiation

Answer 4

1. The parties had a clear, shared intention on a specific issue.
2. That intention remained until the contract was signed.
3. The intention is objectively evident, even without formal communication.
4. The contract fails to reflect this shared intention.
5. No equitable factors prevent rectification.

Question 5

when will rectification for a common mistake not be ordered

Answer 5

Reification for common mistake will not be ordered if it goes against interest of third party without notice