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D.Rectification
Where the parties are mistaken as to the recording of the agreement struck, as opposed…
In Commissioner for the New Towns v Cooper,…
“The commonest circumstance in which rectification is granted is where the written contract does not accurately record the parties’ joint agreement. In other words, there is a mistake common to both parties. In the case of unilateral mistake, that is to say where only one party is mistaken as to the meaning of the contract, rectification is not ordinarily appropriate. This follows from the ordinary rule that it is the objective intention of the parties which determines the construction of the contract and not the subjective intention of one of them. Also, it would generally be inequitable to compel the other party to execute a contract, which he had no intention of making, simply to accord with the mistaken interpretation of the other party.”…
Further, in another case Leggatt LJ explained:…
“Rectification is an equitable remedy by which the court may amend the terms of a legal document which, because of a mistake, fails accurately to reflect the intention of the parties to it… before a written contract may be rectified on the basis of a common mistake, it is necessary to show either (1) that the document fails to give effect to a prior concluded contract or (2) that, when they executed the document, the parties had a common intention in respect of a particular matter which, by mistake, the document did not accurately record. In the latter case it is necessary to show not only that each party to the contract had the same actual intention with regard to the relevant matter, but also that there was an ‘outward expression of accord’—meaning that, as a result of communication between them, the parties understood each other to share that intention”.…
C.Common mistake
E.Non est factum
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