Rectification Flashcards
1
Q
What is rectification
A
Rectification is an equitable remedy that fixes a contract that, by accident, does not reflect the parties’ intention
Must be a mistake or else it is very similar to interpretation
2
Q
Requirements of rectification (Robb v James)
A
- Parties had a common actual intention about a particular point
- that intention continued up until the point of execution
- The intention must be objectively apparent (formal communication not necessary)
- Clear from parties outwards actions (words and deed). Parties do not have to identify express agreement
- The contract does not reflect the shared intention but would do so in the manner requested; and
- A consideration of equitable factors does not preclude rectification
- Equity will not rectify a contract if it prejudices a third party - e.g. bona fide purchaser for value without notice
No precise rule for how third party equitable factors will be considered
- Equity will not rectify a contract if it prejudices a third party - e.g. bona fide purchaser for value without notice
3
Q
Robb v James
A
(sale of property from R to J with a common intention J would get whole property. Land was actually in two titles and R’s son bought it)
Rectification is available as both parties intended that J would buy entire property