14. Rectification

Author(s):  
Paul S. Davies
Keyword(s):  

Rectification is an equitable remedy through which the court can rectify, or correct a mistake in a written contract. This chapter examines two principal forms of rectification: common mistake rectification and unilateral mistake rectification. Rectification for common mistake arises where both parties make the same mistake. This is the better-established form of rectification. However, in some circumstances rectification for unilateral mistake will be granted in situations where only one party is mistaken but the other party has acted unconscionably or dishonestly. A party seeking rectification will need convincing proof that a mistake has been made before the court will contemplate altering the language chosen in a formal, written document.

Contract Law ◽  
2020 ◽  
pp. 499-556
Author(s):  
Ewan McKendrick
Keyword(s):  

This chapter examines the effects of a mistake on the validity of a contract. A mistake may prevent parties from reaching agreement. First, a court may decide that no contract has been concluded where one party knows that the other is labouring under a mistake in relation to the terms of the agreement and fails to inform that other party of the mistake. Secondly, it may conclude that the terms of the offer and acceptance suffer from a latent ambiguity such that the parties cannot be said to have reached agreement. The third case in which a mistake may prevent the formation of a contract is where there has been a mistake as to the identity of the party who is said to be a party to the contract. The discussion then turns to the leading cases on common mistake, mistake in equity, and rectification. The chapter concludes by considering the non est factum defence, which can be invoked by someone who, through no fault of his own, has no understanding of the document that he has signed.


Author(s):  
Mindy Chen-Wishart

A party who enters a contract on the basis of a mistaken assumption as to background fact can realistically complain that he or she should not have to take the normal responsibility for his or her apparent consent. On the other hand, the objective test of intentions renders mistakes irrelevant to the validity of contracts except in certain exceptional circumstances. The chapter explores how contract law balances these competing norms. It addresses the following questions: (1) When can a claimant escape a contract on the ground of a unilateral mistake as to terms, the nature of the document, or the other party’s identity? (2) When can a contract be rectified to correct a common mistake in recording it? (3) When can a claimant escape a contract on the ground of his or her mistaken assumption about the relevant facts? (4) What is the justification for any relief? (5) Is the current law satisfactory, and if not, how might it be developed?


2021 ◽  
pp. 196-204
Author(s):  
Paul S. Davies
Keyword(s):  

Rectification is an equitable remedy through which the court can rectify, or correct, a mistake in a written contract. This chapter examines two principal forms of rectification: common mistake rectification and unilateral mistake rectification. Rectification for common mistake arises where both parties make the same mistake. This is the better-established form of rectification. However, in some circumstances rectification for unilateral mistake will be granted in situations where only one party is mistaken but the other party has acted unconscionably or dishonestly. A party seeking rectification will need convincing proof that a mistake has been made before the court will contemplate altering the language chosen in a formal, written document.


Author(s):  
Ewan McKendrick
Keyword(s):  

This chapter examines the effects of a mistake on the validity of a contract. A mistake may prevent parties from reaching agreement. First, a court may decide that no contract has been concluded where one party knows that the other is labouring under a mistake in relation to the terms of the agreement and fails to inform that other party of the mistake. Second, it may conclude that the terms of the offer and acceptance suffer from a latent ambiguity such that the parties cannot be said to have reached agreement. The third case in which a mistake may prevent the formation of a contract is where there has been a mistake as to the identity of the party who is said to be a party to the contract. The discussion then turns to the leading cases on common mistake, mistake in equity, and rectification. The chapter concludes by considering the non est factum defence, which can be invoked by someone who, through no fault of his own, has no understanding of the document that he has signed.


1867 ◽  
Vol 12 (60) ◽  
pp. 488-502 ◽  
Author(s):  
Henry Maudsley

It is not an easy matter, at least I have not found it so in my experience, when brought face to face with an actual case of in sanity, and asked to state the cause of it, to do so definitely and satisfactorily. The uncertainty springs from the fact that, in the great majority of cases, there has been a concurrence of co-operating conditions, not one single effective cause. Two persons are exposed to a similar heavy mental shock: one of them is driven mad by it, but the other is not. Can we say then that the madness has been produced by a moral cause? Not accurately so; for in the former case there has been some innate vice of nervous constitution, some predisposition of it to disease, whereby insanity has been produced by a cause which has had no such ill effect in the latter case. The entire causes have not, then, been in reality the same. And what we have to bear in mind is, that all the conditions which conspire to the production of an effect, whether visibly active or seemingly passive, are alike causes, alike agents, and that therefore all the conditions, whether they are in the patient himself or in the circum stances of life in which he is placed, which in a given case co-operate in the production of insanity, must properly be viewed as its causes. Mental derangement sometimes appears as the natural issue of all the precedent conditions of life, mental and bodily, the outcome of the individual character as affected by certain circumstances; the germs of the disease have been latent in the foundations of the character, and the final outbreak is but the explosion of a long train of antecedent preparations. In vain, then, is it in many cases to attempt to fix accurately on a single cause, moral or physical; a common mistake on the part of those, who think to do so being to fix upon what is really an early symptom of the disease as the supposed cause of it. Religion, self-abuse, intemperance, have all at times been put down as the causes of mental derangement, when they were really morbid symptoms.


Author(s):  
James Devenney

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. This chapter discusses the three broad classifications of mistake: common, mutual and unilateral. In common mistake (sometimes confusingly referred to as mutual mistake) both parties share the same mistake about a fundamental fact of the contract. With mutual mistake the parties are at cross-purposes but neither realizes it. In unilateral mistake only one of the parties is mistaken and the other party either knows of the mistake or possibly is deemed to know.


1988 ◽  
Vol 62 (03) ◽  
pp. 411-419 ◽  
Author(s):  
Colin W. Stearn

Stromatoporoids are the principal framebuilding organisms in the patch reef that is part of the reservoir of the Normandville field. The reef is 10 m thick and 1.5 km2in area and demonstrates that stromatoporoids retained their ability to build reefal edifices into Famennian time despite the biotic crisis at the close of Frasnian time. The fauna is dominated by labechiids but includes three non-labechiid species. The most abundant species isStylostroma sinense(Dong) butLabechia palliseriStearn is also common. Both these species are highly variable and are described in terms of multiple phases that occur in a single skeleton. The other species described areClathrostromacf.C. jukkenseYavorsky,Gerronostromasp. (a columnar species), andStromatoporasp. The fauna belongs in Famennian/Strunian assemblage 2 as defined by Stearn et al. (1988).


1967 ◽  
Vol 28 ◽  
pp. 207-244
Author(s):  
R. P. Kraft

(Ed. note:Encouraged by the success of the more informal approach in Christy's presentation, we tried an even more extreme experiment in this session, I-D. In essence, Kraft held the floor continuously all morning, and for the hour and a half afternoon session, serving as a combined Summary-Introductory speaker and a marathon-moderator of a running discussion on the line spectrum of cepheids. There was almost continuous interruption of his presentation; and most points raised from the floor were followed through in detail, no matter how digressive to the main presentation. This approach turned out to be much too extreme. It is wearing on the speaker, and the other members of the symposium feel more like an audience and less like participants in a dissective discussion. Because Kraft presented a compendious collection of empirical information, and, based on it, an exceedingly novel series of suggestions on the cepheid problem, these defects were probably aggravated by the first and alleviated by the second. I am much indebted to Kraft for working with me on a preliminary editing, to try to delete the side-excursions and to retain coherence about the main points. As usual, however, all responsibility for defects in final editing is wholly my own.)


1967 ◽  
Vol 28 ◽  
pp. 177-206
Author(s):  
J. B. Oke ◽  
C. A. Whitney

Pecker:The topic to be considered today is the continuous spectrum of certain stars, whose variability we attribute to a pulsation of some part of their structure. Obviously, this continuous spectrum provides a test of the pulsation theory to the extent that the continuum is completely and accurately observed and that we can analyse it to infer the structure of the star producing it. The continuum is one of the two possible spectral observations; the other is the line spectrum. It is obvious that from studies of the continuum alone, we obtain no direct information on the velocity fields in the star. We obtain information only on the thermodynamic structure of the photospheric layers of these stars–the photospheric layers being defined as those from which the observed continuum directly arises. So the problems arising in a study of the continuum are of two general kinds: completeness of observation, and adequacy of diagnostic interpretation. I will make a few comments on these, then turn the meeting over to Oke and Whitney.


1966 ◽  
Vol 24 ◽  
pp. 337
Author(s):  
W. Iwanowska

A new 24-inch/36-inch//3 Schmidt telescope, made by C. Zeiss, Jena, has been installed since 30 August 1962, at the N. Copernicus University Observatory in Toruń. It is equipped with two objective prisms, used separately, one of crown the other of flint glass, each of 5° refracting angle, giving dispersions of 560Å/mm and 250Å/ mm respectively.


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